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Ssounry OF BRAZOS § s s Ss 1414794 Page 1 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vot 16585 Pg: 90 3 S © oO N x < © DECLARATION OF COVENASTS, Ss CONDITIONS AND RESTRIGFIONS RY OF Se YAUPON TRAILS SUBQIVISION TH@STATE OF TEXAS § N LO no x x s s This DECLARATION OF CQRENANTS, CONDITIONS, AND RESTRICRONS OF YAUPON TRAILS SUBDIVISION ("Declaration") is made effective as of Decenfsér 9, 2020, sometimes referred to as "Deck@fant').

oO WHEREAS Declarawt hereby desires to establish and implementslans for residential living, recreation, aesthetic and quality-of-life considerations for the development of that certain real property located in Brazos County, Texas and more particularly described on Exhibit A attached hereto (“Property”), to be known as Yaupon Trails (“Subdivision’); WHEREAS Declarant desires to convey the Property elect to certain protective covenants, conditigs, restrictions, liens and charges as hereinaf pset forth; Oo Wo WHEREAS the Declarant desires to create and Sry out a uniform plan for the improvemianf development and sale of the Property for Se benefit of the present and future owners of the Property.

RY Fhe purposes of this Declaration are to: rats the Declarant and the Owners against inagpropriate development and use of Lots within, te Subdivision; provide use, maintenance and, er of certain common areas in the ivision; provide compatibility of design provements within the Subdivision; secure preserve sufficient setbacks and space betw s buildings so as to create an aesthetically RISSsing environment; provide for landscaping he maintenance thereof; provide for a prop’y owner's association to maintain common argas and

and space betw s buildings so as to create an aesthetically RISSsing environment; provide for landscaping he maintenance thereof; provide for a prop’y owner's association to maintain common argas and to assist in enforcing this Declaration, nd, in general, to encourage construction of @ftractive, quality, permanent improvements t a Qvill promote the general welfare of the DeclatSrt and the Owners. Declarant desires to i e these restrictions on the Property now.@pd yet retain reasonable flexibility to en enge? cenit or unforeseen circumstances so guide, control and maintain the quality and .@8tinction of the Yaupon Trails project. The eSiave covenants herein will preserve the best interests of the Declarant and the Ownersgnd residents of the Subdivision after completion of all development and construction therein.

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that it is hereby declared (i) that all of the Propedy shall be held, sold, conveyed and occupied subject to the following covenants, conditionsg@estrictions, liens, and charges, which are fome purpose of preserving the value and desixasility of, and which shall run with, the Prop nd shall be binding on all parties having aright, title, or interest in or to the Property or a art thereof; and (ii) that each contract or de at may hereafter be executed with regard t Property or any portion thereof shall conclu be held to have been executed, delivered accepted subject to the following covenantsNéonditions and restrictions regardless of whater or not the same are set out or alee in said contract or deed. 3 9 9° NG NS ee Declaration of Covenants Conditions and Restrictions_Yaugyr Trails v3 Page t$ ) A g ro cS > ce N Lo 1414794 Page 2 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 91 RY 9 3

ee Declaration of Covenants Conditions and Restrictions_Yaugyr Trails v3 Page t$ ) A g ro cS > ce N Lo 1414794 Page 2 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 91 RY 9 3 B® 7 Oo oe SF DEFINITIONS Ss ess the context otherwise specifies or requis the following words and phrases when x) usegi this Declaration shall have the following medaings hereinafter specified: OG 2 O oO Y 1.01 Additional Land. Declarant, or Resfarant's assigns, may create additional phases?

Sor sections of the Subdivision, and adopt t ame, similar or different restrictions, rules, @id regulations for such phases or sections, make the additional phases or sections subj@ct to 9° eo & 1.02 Architectural Commi S$ “architectural Committee" or "Committee" mean the > © as the Architectural Commits & Ss 4.03 Articles. "Articles" shall mean the Certificate of Formation of the YAUPON TRAILS HOMEOWNERS ASSOCIATION, INC., as that instrument may be amended from time to time, which instrument is filed in the office of the Secretary of State of the Stee of Texas.

1.04 asseggtent "Assessment" or "Assessments" shall n such assessments as may be levied by Re Association under the terms and provisionsso the Declaration, including, but not limited,@, any regular annual assessment, specigeassessment, Working Capital Assessment .s 10-year Special Project Fund Assessment.

1 o> Association. "Association" shall mean theVAUPON TRAILS HOMEOWNERS

, any regular annual assessment, specigeassessment, Working Capital Assessment .s 10-year Special Project Fund Assessment.

1 o> Association. "Association" shall mean theVAUPON TRAILS HOMEOWNERS Asse geriiON. INC., a Texas nonprofit corporation, wigh shall have authority and responsibility 3S for apt the communities and subdivisions of YaupogS rails, as hereafter defined. eo ® . 5 ae 1.06 Board. "Board" shall mean th Yard of Directors of the Association. Boxe Soribers may, but need not, be Members of (& Association. ° A 1.07 Bylaws. "Bylaws shall mgan the Bylaws of the Association as adopted by the Se Board, and from time to time amended RX < dedicated or assigned by Degirant, or a third party with the Association gfonsert to the & Association for maintenance.@hd operation, including, but not limited to, ecial Amenities, S easements, roads, entrywa}é, roadways, rights-of-ways, parkways, mean strips, sidewalks, parks, recreational areas, pavilions, walking trails, swimming pools, water features, trails, paths, ponds, creeks, or lakes within the Property.

1.09 Declarant "Declarant" shall mean Ranier & Son Develogment Company, LLC, its duly authorized rep eB atives or their respective successors or gions provided that any assignment of thewiyhts of Ranier & Son Development Compan Gv C, as Declarant, must be expressly set fortyth writing and the mere conveyance of a porigg@St the Property without written assignments aithe rights of Declarant shali not be sufficient @eonshtute an assignment of the rights of Degtffant hereunder. Ss S $0 Declarant Control Period. "Declarant CgAtrol Period" shall mean the period from \

the rights of Declarant shali not be sufficient @eonshtute an assignment of the rights of Degtffant hereunder. Ss S $0 Declarant Control Period. "Declarant CgAtrol Period" shall mean the period from \ the fee hereof until the Transition Date as describeglc Section 5.03(B) of this Declaration.

~ N & « ° ee Declaration of Covenants Conditions and Restiion Ye Trails v3 P xa age > a ° ° ° s Ss s 4 ds x SF x x 1414784 Page 3 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 92 sx x RO s s § 119 Declaration. "Declaration" shall mean this iggttument as it may be amended from se time to time. 3 ss oii every structure and all appurtenances OF ed to buildings, outbuildings, storage sheds, O 42 Improvement. "Improvement" shall tl to of every type and kind, including but not lj oi ios, tennis courts, swimming pools, gara storage buildings, fences, screening wa e retaining walls, stairs, decks, landscaping, a signs, exterior air conditioning, water so fixtures or equipment, and poles, pumps, veils, tanks, reservoirs, pipes, lines, meters, ant ; towers and other facilities used in connegtion with water, sewer, gas, electric, telephoneyregular 2 > a .O 1.13 Lot. "Lot" or "Lotse@hall mean any parcel or parcels of land withPthe Property & shown as a subdivided lot on KFecorded plat of the Property, together with Improvements Ss located thereon. s Ss 1.14. Member. "Member" or "Members" shall mean any person(s), entity, or entities holding membership rights to the Association.

1.15 Mortaaggs"Mortgage" or "Mortgages" shall mean any gyertgage or deed of trust covering any portion g? e Property given to secure the payment of, bt.

> 1.16 & agee. "Mortgagee” or "Mortgagees" sal gi the holder or holders of any

rtgages" shall mean any gyertgage or deed of trust covering any portion g? e Property given to secure the payment of, bt.

> 1.16 & agee. "Mortgagee” or "Mortgagees" sal gi the holder or holders of any Mortgage or gages.

< e@ © 14 Owner. "Owner" or "Owners" shall mean Savon or persons, entity or entities, S including Declarant, h holding a fee simple interest in anyot on the Property, but shall not include 3S a i agee. a xe O nO 1.18 Person. "Person" or "Persons" eS mean an individual! or individuals, ent ge Sntities having the legal right to hold title to ree roperty.

Sy i. 1.19 Plans and Specifications i ‘ans and Specifications" shall mean any,and all Q documents designed to guide or cog cl the construction or erection of any Im ement, y Roy including, but not limited to, those it ating location, size, shape, configuration, rials, site AG plans, excavation and grading plan’; foundation plans, drainage plans, landscapiggy and fencing plans, elevation drawings, flo ans, specifications on all building productssatvd construction S information relevant to suckQmnprovement. »S 1.20 Property. "Property" shall mean the real property in Brazos County, Texas which is described in Exhibit A, and all additional lands which may by later made subject to this Declaration. \ RY & & VJ ARTICLE 2 © e DEVELOPMENT OF THE Farag Wi cOelidionet and of Land. Declarant may, but shall nytt required to, at any time and from time to a add any other lands to the Property, and ups such addition; this Declaration and S the co vatants, conditions, restrictions and obligations set forth herein shall apply to the added \

d from time to a add any other lands to the Property, and ups such addition; this Declaration and S the co vatants, conditions, restrictions and obligations set forth herein shall apply to the added \ anon he rights, privileges, duties and liabilities Re persons subject to this Declaration shall SX > ° & Declaration of Covenants Conditions and Restrictions. ra Trails v3 Paga a> 1414784 Page 4 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Volk 16585 Pg: 93 \ x ge NS V 2 @ °, ~e , be the same respect to the added land as they are with regpect to the lands originally covered & by the Deo@fation. In order to add lands to the Property under, Declarant shall be required se only to cecord in the Official Records of Brazos Counwy, Texas, a Notice of Addition of Land A contaigitg the following provisions: Se x OG . eS (A) A reference to this Declaration, Rh reference shall state the book and page® & numbers of the Official Records e County wherein this Declaration is record S Ss (B) A statement that the ereuneiors of this Declaration shall apply to the addesSind: ge and SS 3s ° WV (C) A legal description cae added land. Vo o e oe & 2.02 Withdrawal of L ~t . Declarant may, at any time and from timesSime, reduce or Ss withdraw areas from the Pr y, and upon such withdrawal, this Declarati aha the covenants, conditions, restrictions anéMobligations set forth herein shall no longer ‘spply to those lands withdrawn. In order to withdraw lands from the Property hereunder, Declarant shall be required only to record in the Official Records of Brazos County, Texas, a Notice of Withdrawal of Land containing the following provisions: (A) A refefSrce to this Declaration, which reference are@i bate the book and page

d in the Official Records of Brazos County, Texas, a Notice of Withdrawal of Land containing the following provisions: (A) A refefSrce to this Declaration, which reference are@i bate the book and page nuggpers of the Official Records of the County whengs this Declaration is recorded; » & statement that the provisions of this bec ion shall no longer apply to the & © withdrawn land; and s s & legal description of the withdrawn lang x ~ VY e ARTICIgs 3 2 ” GENERAL RICTIONS WO é ee & S All of the Property shall be owned, neh encumbered, leased, used, occupied and of RY subject to the following limitations and regtrictions: x Roy 3.01 Construction of Imp&Sments, No Improvements shall hereafter re Sene AG upon any of the Property without It prior approval of the Architectural COMM Ss 3.02 Antennas. No,éxXternal antennas of any kind shall be -_ any Lot within height, placement and visibility. No satellite antenna nor any antenna dish may be parked, erected or installed either permanently or temporarily, on any Lot, except in backyard areas where it is substantially concealed from public view.

\ 3.03 Subgidfina No Lot shail be further divided or subdivigh nor may any easement or other interest a in less than the whole be conveyed by the §fier | thereof without the prior written approvaleg? the Architectural Committee; provided, howg@&r, that when Declarant is the Owner thereogeclarant may further divide and subdivide ae ot and convey an easement or 2 other inter ss than the whole, all without the approval oéthe Architectural Committee. ss 44 Signs. No sign of any kind may be ereggad or maintained on any Lot without the \

nd convey an easement or 2 other inter ss than the whole, all without the approval oéthe Architectural Committee. ss 44 Signs. No sign of any kind may be ereggad or maintained on any Lot without the \ con in writing of the Architectural Committee exes the following permitted signs: co Ry > oO & Declaration of Covenants Conditions and Restrictions, ge Trails v3 Page © Oo s s s RN s \ N WV WV 1414784 Page 5 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Volk 16585 Pg: 94 \ 2 gs OG O > & & § (A) S* Signs advertising the Lot for sale (whethgf'the initial sale of the Lot or any se RY subsequent sale of the Lot with or withoutyimprovements), R x x) VW (B) Not more than two (2) political eens id then only for the period from one month VY . oe prior to and three days after an office election day; O & x S WO be 3 (C) School spirit signs; or RS s \ (D) Security signs. RY A co ved cs x . ae x ‘ ao Architectural Committee. Declaray@or the Architectural Committee shall have tetight to enter Xe and remove any unapproved AN, advertisement, billboard or structure which placed on any S liable and is expressly relieved from any liability for trespass or other sort in‘Snnection therewith, or arising from such removal.

3.05 Clotheslines, Garbage Cans, Rubbish and Debris. No rubbish or debris of any kind shall be placed or perrgf¥ed to accumulate upon a Lot and no odors Il be permitted to arise therefrom so as to r rt the Property or any portion thereof unsagifa , unsightly, offensive or

s of any kind shall be placed or perrgf¥ed to accumulate upon a Lot and no odors Il be permitted to arise therefrom so as to r rt the Property or any portion thereof unsagifa , unsightly, offensive or detrimental to anyther property or its occupants. No clotheslings shall be erected or installed on the exterior ion of any Lot and no clothing, linens or ot aterial shall be aired or dried on the exteriogsportion of any Lot, unless screened from vie m any adjacent lot or street. All & garbage can§} above-ground storage tanks, mechanical ment, woodpiles, yard equipment Ts and aa items on Lots shall be located or screened so as to be concealed from view of genus upon any Lot in violation of this Wision in the judgment of the Association, t e ssociation may remove the rubbish or debrisgand charge a special assessment to the Own S the Lot. Ss s ° 3.06 Noise. No noise or oth BNisance shall be permitted to exist or operat SYon any Vo portion of the Property so as to be Qt sive or detrimental to any other portion of thé roperty or ee < 3.07 Lighting. Neve lighting of any sort shall be installed or geriaines on a Lot s Ss where the light source is 0 ive or a nuisance to neighboring property, @ytept for reasonable security or landscape lighting that has the approval of the Architectural Committee.

3.08 Nuisance and Lateral Support. No noxious or offensive activity or work shall be

roperty, @ytept for reasonable security or landscape lighting that has the approval of the Architectural Committee.

3.08 Nuisance and Lateral Support. No noxious or offensive activity or work shall be conducted upon any Lotgo as to impair the structural soundness or integrity of any Improvement on any other Lot, or Ye may be or may become an annoyance or nugince to the neighborhood.

3.09 Rear of Improvements. All Improvements uponags Property, including any Lot, maintained 1 eefthe Owner or Owners thereof. oO & s S 0 Alteration or Removal of Improvements Xclusive of normal maintenance, any \ cons ion or removal in connection with any Impree ent, which in any way alters the exterior SX a Declaration of Covenants Conditions and Restictions SA Trails v3 Page &> e@ s Ss Ss RY S S & Q 9° s oO = s A x Ss 1414784 Page 6 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Volk 16585 Pg: 95 \ x ge © OG OD > oO oO appearance gor Improvement, shall be performed only wa the prior written approval of the ArchitecturghCommittee. se i Solar Equipment. In the event an Owng@sires to use solar panels or other solar equjSment in connection with the use of any Lot, t QWcation and installation design thereof shall b bmitted to the Architectural Committee and aggYoval of such design, including the aesthetics. 4 reof, shall be required before construction nggy begin. & oO 3.12 Driveway. The ArchitecturakSommittee shall have the right to impose limitgfons on driveway design, including materialgy aprons, location and point of contact with dedicated roads, streets or private driveways wit he Property. Se 3.13 Drainage. There oe be no interference with the established drp@ige patterns

materialgy aprons, location and point of contact with dedicated roads, streets or private driveways wit he Property. Se 3.13 Drainage. There oe be no interference with the established drp@ige patterns over any of the Property, exceag? y Declarant, unless adequate provision iggvade for proper drainage and approved by theProhitectural Committee. s 3.14 Hazardous Activities. No activities shall be conducted on the Property and no Improvements shall be constructed on the Property that are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upg the Property, and no open fires shall be lig or permitted on a Lot except in contained eque units while attended and in use for COQKD purposes, or within safe and well-designed! interior fireplaces, (ii) exterior fireplaces, ar (iii) outdoor chimneys (or chimeneas). cS cS 3.1 Mining and_ Drilling. No oil drilling, oil d Slopment operations, oil refining, quarrying oP mining operation of any kind shall be permittedupon or in any Lot, nor shall oil wells, tanks, igtnels, mineral excavations, or shafts be perggted upon any Lot. No derrick or other structure designed for use in boring for oil or natural (Ge Shall be erected, maintained or permitted Xe & be placed or maintained on any Lot, a o boring, drilling, removal or exploration u bsurface water or the injection of water or te water shall be conducted on any Lot. ° 3.16 Machinery and Equipmen Vithout the approval of the Association or D rant, no machinery or equipment of any kin aul be placed, operated or maintained upon jacent

r shall be conducted on any Lot. ° 3.16 Machinery and Equipmen Vithout the approval of the Association or D rant, no machinery or equipment of any kin aul be placed, operated or maintained upon jacent to any Lot or Common Area excep h machinery or equipment as is usual and &8tomary in Brazos County, Texas, in connegt n with the use, maintenance, or constructigg of a private residence or appurtenant str es or recreational facilities maintained b Association; legitimate functions.

3.17 Temporary Structures. No tent, shack or other temporary building, improvement or structure shall be placed upon a Lot without the prior written apprgval of the Architectural Committee; provided @ewever, that the Declarant may maintain or avenwe temporary structures necessary for stor. of tools and equipment, and for office spagor architects, builders and foremen on a L @uring any period of actual construction, whi authorization, if given, shall include the nate, size, duration and location of such StUGHUR structures.

+ 3.1) Vehicles. No vehicle or trailer, which AP noneratNe. wrecked, dismantled, discardgdor which does not have (i) a lawful license affixigd thereto, (ii) an unexpired license plate \ or plete , and (iii) a valid motor vehicle safety inspegt certificate, shall be permitted upon any SX 340: Declaration of Covenants Conditions and Restrictions_Y ay! gM Trails v3 Page ge?

oO Oo ° s sr A \ oe & e. eo Ts 1414784 Page 7 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 96 & x OD > +O . oe

ditions and Restrictions_Y ay! gM Trails v3 Page ge?

oO Oo ° s sr A \ oe & e. eo Ts 1414784 Page 7 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 96 & x OD > +O . oe Lot. If visible Sn the street for a period longer than 72 hte such violative vehicles shall be & subject to kgng towed away by the Association at the owngyss expense. se A 8 truck or van with more than two axles, se » vehicles (including but not limited to, x thog&éontaining multiple tool boxes, ladder racks, Wy ing equipment, construction equipment or OG oO similar equipment or accessories), boat, traii@F motor home, mobile home, house trailer, or.

reational vehicle, may be kept on the streagge front of any Lot, or upon any Lot, unless i S* vehicle of any kind may be parked on jawn abeas for any reason. These restrictions shall nowBpply \ to any vehicle, machinery, or maintermrce equipment temporarily parked and Py the ° construction, repair and maintenanc ot e Subdivision or of any properties in the ivision.

Vo Passenger vehicles may be parke the street in front of Lots for periods of time ght to exceed o twelve (12) hours in any twenty-fo? (24) hour period. Any vehicle parked for a lpgyer time may be towed away by the Associgfton at the Lot owner's expense. This restrigton is not to be S prohibit residents from ust the street as the usual overnight parking fowWehicles. No major repair work, dismantling, or disassembling of motor vehicles or other machinery or equipment shall be permitted in or on any drive, street, garage, carport or any part of any lot.

owWehicles. No major repair work, dismantling, or disassembling of motor vehicles or other machinery or equipment shall be permitted in or on any drive, street, garage, carport or any part of any lot.

No maareyelesep istorii dirt-bikes, motor-scooter, go-cartsSor three and four wheel "off-road" vehicles, WP ny similar vehicles, whether licensed or unkse sed may be operated by unlicensed operat cae on any Lot or on any street in the Subdivision ysurthermore, no motor vehicle that is operated, er legally or illegally, on the Lots or on the gets of the Subdivision shall be permitted to e or emit any noxious or offensive noises, sn@gis, or fumes, or to be operated in & such a manyer that may be or become a danger, nuisance annoyance to the neighborhood. Ts or9 Fences. No fence, wall, or any other sighure shall be erected, added, or placed 3S on aGPLot nearer to any front lot line than the ne front corner of the residential dwelling, 9 lity so as to be harmonious with, and one and not detract from the general appearan f the Subdivision and must be approved in wr&yng by the Committee prior to construction. Unl s otherwise expressly provided herein, eagf individual lot owner is responsible for keeping, A repairing, replacing, and maintaining any existing fence or wall that is on the Owner's Lot or } adjacent right-of-way. All fences will Cee de of cedar, spruce, fir, pine, redwood, or mental G metal unless otherwise approved b(the Committee. Cyclone fences are allow ly if fully screened from public view (i.e. “d ns”); however, any and all such cyclone feng’ and the use thereof must first be approved igariting by the Committee. Fences may be rea bly stained to

low ly if fully screened from public view (i.e. “d ns”); however, any and all such cyclone feng’ and the use thereof must first be approved igariting by the Committee. Fences may be rea bly stained to & enhance natural appearance are not to be painted unless approved by Committee. The S “good side” of the fence (thats, the side that shows fence slats or pickets ) shall always face the public street closest to such fence or common area, as appropriate. Final approval of fencing and its facing shall be at the full discretion of the Committee. The Association shall maintain all fencing located in or bordering Common Areas, and such determination shall be made in the Association’s sole discggtion. {In connection with the foregoing maigtenance obligation, the Association shall c UR all such fencing which has ever been sta@ed and is located in or bordering CommornMeas, to be restained in a professional manngwat least once every five (5) years. e .O 3.20 <SLWvestock. No animals, livestock, poultry or ings of any kind shall be raised, bred AS or kept on ‘Wy Lot, except that dogs (excluding Pit Bulls, Shows, Rottweiler, Dobermans or any Ss dog witR’s wolf mix, which are strictly prohibited), catgor other household pets may be kept if Cy x x & 0: Declaration of Covenants Conditions and Restitons. ge Trails v3 Page Oo ©) o Ss Ss Ss R R R O eo 1414784 Page 8 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vol 16585 Pg: 97 ge g OC e ex & & “WO not become @huisance to the neighborhood. All dogs wi Savina record of aggressive & behavior oxdtstances of biting shall be fenced. Sy se

Brazos County Clerk Vol 16585 Pg: 97 ge g OC e ex & & “WO not become @huisance to the neighborhood. All dogs wi Savina record of aggressive & behavior oxdtstances of biting shall be fenced. Sy se x 1 Maintenance of Lawns and Plantings. T } portions of each improved Lot that are x vlan trom the street, primarily the front yard, shah e@ maintained with domestic grass and/or Sis le ground cover, integrated with any naturales and bushes that may be incorporated into we landscaping. Jn any case, whether a yard i marily covered with grass and/or ground coe or largely covered with natural growth, the @ shall be kept in a manner consistent with a ye maintained attractive neighborhood. Ss If the Owner of any Lot fails geen the grass and vegetation cut as often @& may be necessary to maintain the Lot in axwat and attractive condition, the Association have the grass or vegetation cut, and the, pPowner shall be obligated to pay, or otherwisgPeimburse the & Association, for the cost of en By acceptance of its grant deed, eachgSot Owner in the Subdivision grants to the Asg@efation authority to enter upon such Owner's p. eftity without threat of trespass or other liability against the Association excepting willfuNmisconduct by the Association, its officers, employees and agents.

3.22 Sight Lines. No fence, wall, hedge, or shrub planting which obstructs sight lines from streets on the Property shall be placed or permitted to remain o y corner Lot within the area defined by a ee drawn between two points located twenty 2 ) feet from the point of intersection of the Hreet right-of-way property lines immediately adigcent to the Lot, as reasonably located by the itectural Committee. Measurements shall y chord, and not arc. No tree

m the point of intersection of the Hreet right-of-way property lines immediately adigcent to the Lot, as reasonably located by the itectural Committee. Measurements shall y chord, and not arc. No tree shall be permi@ed to remain within such areas, unless the foli is maintained at sufficient height & to prevent g¥truction of such sight lines. s s O23 Garage Conversions. No garage or arupecin thereof, may be constructed into 3S oS d living space unless the Architectural mmittee first approves the Plans and © S ifications for conversion and construction in .eting. SS na oO s 3.24 Swimming Pools, RecreationagXmenities, Other Common Areas. Any swim SS pools, recreational amenities or other i vements in Common Areas constructed gf the RY Property by Declarant or the Association shall be governed by rules and regulations fay use or prohibitions against use established by Board from time to time. x 3.25 Doors and Windo > No “burglar bars," steel or wrought iron ba, or -similar fixtures, whether designated ag@écorative, security or other purposes, shall stalled on the exterior of any windows or dg@s of any dwelling. Except as set forth IerogSelk signs, numerals or other writing shall be written on or placed in the doors, windows or exteriowalls of any dwelling, either temporarily or permanently, except that the Board may, in its discretion, permit house numbers to be written temporarily on a single window of a dwelling while occupants are moving in, provided such numbers are removed within seventy-two (72) hours after the occupants have taken occupancy. Addrg§s plaques may be installed on an exterior walldacing a street so long as such address eae been approved by the Architectural C ittee. Sheets or similar

after the occupants have taken occupancy. Addrg§s plaques may be installed on an exterior walldacing a street so long as such address eae been approved by the Architectural C ittee. Sheets or similar temporary windowx(¢atments may be used for a short time after takifig occupancy of a dwelling, provided they argé¥emoved and replaced with permanent windoy#eatments within a reasonable time, not to e d fourteen (14) days, after taking occupancyot the dwelling, as determined in 2 the sole di ion of the Board. Foil, cardboard, plywood, spaper, sheets or bed linens shall & not be usetMas window coverings at any time, except for bdra fide emergencies of less than three Ss (3) wees or as otherwise specifically set forth in this pgregraph. RY - 9 x SO KS 3 age @ < SS cS s RY \ Ss Se SF S Da Da U B&B . °B ee Declaration of Covenants Conditions and Restrictions ag Trails v3 eo eo 1414784 Page 9 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Volk 16585 Pg: 98 \ x ge OG OG 1 > oO oO 3.26 easonal Decorations. No Owner or Occupanpdf any Lot shall keep or maintain & any decordjons related to seasonal events (Christmas) ndependence Day, Thanksgiving, se Halloween, for example, without limitation) for more than ten (10) days after (or for more than A thirty & days prior to) the date of the actual scaaopgyevent SF ~ go) or other sports equipment, shall be permagéMtly or temporarily located within fifteen (15) fee?

oO Sof the front Lot line on any Lot, or the side wre along any public street. gs S \ 3.28 Occupancy. A residence say only be occupied by: 3h 9° ° 9° o (A) A single-family unit ch may consist of the owner of the reside Chis or her > y ne

or the side wre along any public street. gs S \ 3.28 Occupancy. A residence say only be occupied by: 3h 9° ° 9° o (A) A single-family unit ch may consist of the owner of the reside Chis or her > y ne PO spouse, his or her pMlidren, and his or her parents; or Lo s (B) No more tha do unrelated individuals and lineal descendag? thereof (persons are unrelateWif they are not within the second degree of‘sdnsanguinity to one another); or (C) The owner, the spouse of the owner, the parents of the owner, or the lineal descenggnts of the owner and their authorized guests ,Sut which is not used by such o§ ons as a rooming or boarding house for ung ed persons; or B® 7 (D) more than four unrelated persons and li Ciescendants thereof under a ‘ase agreement with the owner of the residengs, or & 3S < Ts (R A single-family unit consisting of no more pérsons than are otherwise authorized R herein under a lease agreement with wi ner of the residence. x) © claration as the same may be amended frogeéme to time. Failure to comply shall constitutes , OViolation of this Declaration, and shall give re to a cause of action to recover sums due@pr s damages or injunctive relief or both, maintajjable by the Board on behalf of the Associatiogy® by as. any aggravated Owner. Declarant, for itsalf, its successor or assigns, reserves the right taenforce ° these restrictive covenants, though By have previously sold and conveyed all subg Lots Vo controlled by these covenants withjfhe Property. The reservation of this right of orcement . AG shall not create an obligation of an ind to enforce the same. Xo & 3.30 No Warranty gE ioceaity While Declarant has no reaso Sroieve that any

e Property. The reservation of this right of orcement . AG shall not create an obligation of an ind to enforce the same. Xo & 3.30 No Warranty gE ioceaity While Declarant has no reaso Sroieve that any S of the restrictive covenantsQyr other terms and provisions contained in th@Declarations are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms or provisions. Any Owner acquiring a Lot in reliance upon one or more such restrictive covenants, terms or provisions shall assume all the rigks of the validity and enforceability thereof OR, by acquiring the Lot, agrees to hold the Degrant harmless therefrom.

& ARTICLE 4 & & < RESIDENTIAL RESTRICTIQNS S S Ss g Residential Use. All Lots shall be ragroved and used solely for residential \ purpege inclusive of a garage, fencing, and others ch improvements as are necessary or co ge Declaration of Covenants Conditions and Reston vga Trails v3 Page, ge?

°o 9 oO > S Ss s > 3 3 GO co 9 N \ WV 1414784 Page 10 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vot 16585 Pg: 99 ge SS OG OG > a +O OO customary gon to residential use. No Owner shall occupy@? use his Lot or any Improvements & constructesQihereon, or permit the same or any part th f to be occupied or used for any se purpose qncluding religious, other than the private residgace. All Lots within the Property shall be A improve as single-family residential structures, with Gf more than one (1) residential dwelling } unitySer Lot. Anything herein to the contrary notwittGranding, any Lot may be used or improved VY

be A improve as single-family residential structures, with Gf more than one (1) residential dwelling } unitySer Lot. Anything herein to the contrary notwittGranding, any Lot may be used or improved VY fe greenbelt, open space and/or drain field ppkposes. No Improvement may be constructed.@ Pon any Lot that would unreasonably obstrucgéNe view from any other portions of the Propergy Oand the positioning of all Improvements upog®ots within the Property is hereby expressly nee subject to Architectural Committee review The Architectural Committee may, but shall >t be \ required to, prevent or allow the construation of a proposed Improvement based upon the effect oe it will have upon the view from any p geular Lot. The Architectural Committee may efeider the \ effect the Improvement will have omMe Property as a whole, it being expressly agferetone that ‘ oe neither the Architectural Comm nor the members thereof shall be liable teany Owner in < monetary damages or otherwi ue to the construction of any Improvement within the Property s or the creating thereby of arvebstruction to the view from such Owner's Lot gots.

4.02 Garages. No Lot shall have Improvements erected which do not provide for at least a one-vehicle garage attached to the primary dwelling structure. Except with consent of the Architectural Committee, garages may not be converted or used for occupancy by Owners or other occupants, or other purpose other than storage of vehigf¥s, equipment or other incidental related pregerty. Garage doors shall be comprised of a eG or wood-like exterior or finish. SD > +O O 4.03 Sutbuildings, Every building, inclusive of suchStuctures as a storage building or & sreeriiousgyral be compatible with the dwelling to which 488 appurtenant in terms of its design Ts

h. SD > +O O 4.03 Sutbuildings, Every building, inclusive of suchStuctures as a storage building or & sreeriiousgyral be compatible with the dwelling to which 488 appurtenant in terms of its design Ts and material composition or be completely screened from public view. All such buildings shall be ode approval by the Architectural Committee. | instance shall an outbuilding exceed 3S one (story in height or have total floor area in exceSd of twenty percent (20%) of the floor area ce PX +O “WO ° 4.04 Building Height. No Improve rete than thirty-two (32) feet in height mage .

s constructed on any Lot without the prior en approval of the Architectural CommittagyFo purposes of this paragraph, height shall_pe measured from the foundation slab of the proposed x Improvement to the ridgeline of the roQe the proposed Improvement. x . eS 4.05 Building Materials. Dwelling Size. All structures shall be of reco ed standard Xe construction quality. Unless ang@Xception is granted by the Architectural Corgeee, all singleSs 4.06 Construction in Place. The use of prefabricated materials shal! be allowed only with the prior written approval of the Architectural Committee.

s. _ s 4.07 SetbaaRequirements. No building shall be located ogtrected nearer to any Lot line than the buildigd’line shown on the recorded plat of the Prope subdivision section which includes such Logs .O § = $ S Ss Ss x x x ce Declaration of Covenants Conditions and Restrictions Yai Trails v3 Page 1 ©) 9° Oo R R eo eo x AN >

bdivision section which includes such Logs .O § = $ S Ss Ss x x x ce Declaration of Covenants Conditions and Restrictions Yai Trails v3 Page 1 ©) 9° Oo R R eo eo x AN > 1414794 Page 11 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 100 x x © OG i & é 9 ARTICLE 5 o °o s YAUPON TRAILS HOMEOWNERS ASSOCIATION, INC, se ot Organization. The Declarant has c d, or will cause the formation and x) inaaghoration of the Association as a nonprofit corpgretion created for the purposes, charged with OG a uties, and vested with the powers prescribe law or set forth in its Articles and Bylaws or.@ this Declaration. Neither the Articles nor By! shall for any reason be amended or otherwge seorhanged or interpreted so as to be inconsisiae with this Declaration. © \ 5.02 Membership. Any Persongor entity upon becoming an Owner shall autoqatically co become a Member of the Aesop peibersil shall be appurtenant to and shall rR with the xe title to the said property interes & & & S 5.03 Voting Right) The right to cast votes and the number of votee which may be cast, for election of directors to the Board and on all other matters to be voted on by the Members shall be calculated as follows: (A) The O , whether one or more (including Declaranga of each Lot within the Proper} shall have one vote for each Lot so owneg & addition, Declarant shall havgsone vote for each lot reflected on the preliminady plats or plans of the portions e Property which have not been platted or (erwise recorded, including the

ot so owneg & addition, Declarant shall havgsone vote for each lot reflected on the preliminady plats or plans of the portions e Property which have not been platted or (erwise recorded, including the mber of such lots on any land which has b added to the Property pursuant & to Section 2.01 (“Total Lots”). Prior to the ition of any additional lands to the Ts Property under Section 2.01, the numbey Total Lots for the purposes of this SB Section 5.03 is 108 Lots. S 3 CO 9 <o & (A) of this Section, for every s vote, Declarant shall have nine (9) additions?

O° votes until such time as the v described in Subparagraph (A) of this Sectigh, s owned by Owners other thajDeclarant, total in the aggregate (90%) of thefetal as. number of votes outstanding under Subparagraph (A) (the "Transition, Date").

x Thereafter Declarant s, only have votes if any, to which it is ent under Ae Subparagraph (A) of fus Section. at > RG x) & (C) Notwithstanding ggrrything herein to the contrary and pursuant Fexas Property & Code Section .00591, regardless of the Declarant Control Périod provided by Ss this DeclaraiQh, on or before the 120th day after the date A)percent of the Total Lots that may be created and made subject to the Declaration are conveyed to Owners other than a Declarant or a builder in the business of constructing homes who purchased the Lots from the Declarant for the purpose of selling completed homes built on the Lots, at least one-third of the Board members must be elected by Oats other than the Declarant. <9 5.04 P¢ Ris and Authority of the Association. The AgeBriation shall have the powers .

es built on the Lots, at least one-third of the Board members must be elected by Oats other than the Declarant. <9 5.04 P¢ Ris and Authority of the Association. The AgeBriation shall have the powers .

of a Texas nom rofit corporation, subject only to any limitationspon the exercise of its power as 2 are expresgksset forth in this Declaration. Without in any limiting the generality of the two & preceding Séntences, the Association, and the Board ac on behalf of the Association, shall Ss have theNollowing powers at all times: nee gp ay Se OG © OG ee Declaration of Covenants Conditions and Restrictions gm Trails v3 Page J © & & Ss S S ge Se ge OG GO GO AN > \ (C) Records. To keep books aod records of the Association's affairs.

1414794 Page 12 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 101 x x OG OG (A) Sviicies, Rules and Bylaws. To make, estagtish and promulgate, and in its & 4 conflict with this Declaration, as it deems Rroper to address any and all aspects of RY Q its functions. Q ° ce SX Ps (B) Insurance. To obtain and maintakgn effect policies of insurance which, in thee < opinion of the Board, are reaggnably necessary or appropriate to carry & Association functions. © oO se Yy 3 9° (D) Assessments. To lewSssessments as provided in Article 7 below. eo 2, Lo {E) Right of Entry a nforcement. To enter at any time in an emergcy, or in a nonemergency, ten (10) days’ written notice, without being idle to any Owner, upon any Ldtsand into any Improvement thereon for the punpose of enforcing the Declarations, and the expense incurred by the Association in connection with the

notice, without being idle to any Owner, upon any Ldtsand into any Improvement thereon for the punpose of enforcing the Declarations, and the expense incurred by the Association in connection with the entry upon any Lot and the work conducted thereon (i) shall be a personal obligation of the Owner of the Lot entered upon, (ii) shall be a lien upon the Lot entered gn and Improvements thereon, and (iii) shall enforced in the same manne? nd to the same extent as provided in Artigl@S7 hereof for regular and spate Assessments. The Association shall havexhe power and authority from yak to time, in its own name and on its own f, or in the names of and on half of any Owner who consents thereto, t&sommence and maintain actions & stand suits to enforce, by mandatory injunctn or otherwise, or to restrain and Ss enjoin, any breach or threatened breach of tf Declaration. The Association is also authorized to settle claims, enforce lien d take all such action as it may deem \ co necessary or expedient to enforce ta® provisions of this Declaration; provided, 9 & for the purpose of bringing suit geeinst Declarant, its successors or assigns. ra oO 9 oO s (F) Fines. To levy and collect Finger against Owners for any violation of the Declayftion which is not cured by the, Owner in the judgment of Board within 30 days after written notice of such von as provided in Section 9.04. Fines may begssessed repeatedly for contigs § violations. Fines shall be uniform accorgh to a fine schedule to be estagiished from time to time by the Board. oe (G) Legal and A + tin Services. To retain and pay for le Sand accounting services on or proper for the operation of the Associggon.

5.06 Common Areas.

be estagiished from time to time by the Board. oe (G) Legal and A + tin Services. To retain and pay for le Sand accounting services on or proper for the operation of the Associggon.

5.06 Common Areas.

(A) Subject taand in accordance with this Declaration, the Aggociation, acting through the B , shall have the following duties: <9 ee To accept, own, operate, and maintain atsCommon Areas which may be conveyed or leased to it by Declarant, wether with any Improvements of 2 & any kind or purpose located in said areas; and to accept own, operate and & 3 Association by Declarant; and tgsyaintain in good repair and condition all co lands, Improvements, and othed ssociation property owned or leased to SX ra Declaration of Covenants Conditions and Restrictions_Vaughe Trails v3 Page rg °o 9 oO s Ss s Ss S > 1414794 Page 13 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 102 g S&F \ Ss & © r o the Association, whether by Declarant Soy other Persons, including, but ° S not limited to, the obligation to resggin all stained fencing located in or se A bordering Common Areas at least once every five (5) years pursuant to A Q Section 3.19 of this Declaration oO (2) To pay all real and pe hal property taxes and other taxes and@ Xe assessments levied upg r with respect to any property owned by § S are not levied direct upon individual Members of the Association) The \ Association shall have all rights granted by law to contest the eal and the amount of eo taxes and assessments. co

ssociation shall have all rights granted by law to contest the eal and the amount of eo taxes and assessments. co Xe of ImprowMents on property owned by or leased to thag@Ssociation, and & to acogPlands in Common Areas, whether or not impraed, from Declarant S subjé@s? to such mortgages or by assuming such Wortgages, including without limitation, a swimming poo! or pools in Common Areas. Financing may be effected through conventional mortgages or deeds of trust, the issuance and sale of development or other bonds, or in any other form or ner deemed appropriate by the borrower, agwether Declarant or the Qssociation. The mortgage or other secugP interest given to secure . > repayment of any debt may consist of a firgigsecond or other junior lien, as © deemed appropriate by borrower, whethegMeclarant or the Association, on & the Improvements to be constructed, i$§ether with such underlying and & Ss surrounding lands as the borrower dé€ms appropriate. The debt secured Ts by such mortgage or other security‘instrument may be retired from and ou Members, or otherwise, or argStombination thereof, as may be deemed ce > appropriate by Declarant geNhe Association, as the case may be, but.

& subject to the Nena NGtS Ryser by this Declaration. ra oO ey 9 oO s (B) In addition to, and not in mnition of, the power and authority of the Assogxxion A as set forth in Section 5.04 of this Declaration, the Association, acting thrqugh the Q Board, shall have the p and authority: R < leaseholgeestates, easements, right-of-way, and/or ages, to any

ugh the Q Board, shall have the p and authority: R < leaseholgeestates, easements, right-of-way, and/or ages, to any & person,@ entity for the purpose of constructing, oF g, operating or S mai Shing Improvements for the Subdivision. »S (2) To pay for water, sewer, garbage removal, landscaping, gardening and all other utilities, services and maintenance for the property of the Association, ocwithin city-owned parks, parkways, entrance ways, Or street rights of way ich the Association desires to maintain or ator, in the best interest of ihe Association and the aesthetic appesrakes of the Subdivision as a Lo? whole. Lo &3) To enter into contracts with Declarantghid other persons, with such terms and provisions as the Board shail determine, to operate and maintain any S co & o & Ss S S “ s Q 9° 1414794 Page 14 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 103 \ ss R eo eo \ Ss & © r & behalf of Declarant or the Associatiog@h connection with the purposes of ° S the Association. S se ey (4) To acquire and own and to di be of all manner of real and personal x) OG property, whether by purchagSygrant, lease, gift or otherwise. OC ~ we Ss ev 5.07 Indemnification. The Asgetiation shall indemnify any director, officer, ga Omember of a committee duly appointed pur t to the Articles or Bylaws who by reason of@e * fact that such person is or was a director, offer or member of such a committee of the Ass ion \ was, is, or is threatened to be made, agyamed defendant or respondent in (i) any thrgatened,

son of@e * fact that such person is or was a director, offer or member of such a committee of the Ass ion \ was, is, or is threatened to be made, agyamed defendant or respondent in (i) any thrgatened, O° pending, or completed action, sui Rey proceeding, whether civil, criminal, ad strative, Vo arbitrative, or investigative, (ii) anya@ppeal in such an action, suit, or proceeding, ahd (ili) any Lo inquiry or investigation that coufMlead to such an action, suit, or proceedingsfhereinafter a xe "Proceeding"), and against allggtuigments, penalties (including excise and singtar taxes), fines, & settlements, and reasonabl penses actually incurred by the person in nection with any S such Proceeding to the fultést extent permitted by the Texas Non-Pro orporation Act, as amended and in effect from time to time. Such authorization of indemnification shall be deemed to be mandatory and deemed to constitute authorization of indemnification and advancement of expenses to the fullest extent permitted by the Texas Non-Profit Corporation Act, as amended and in effect from time gMime. g 9 . Re ARTICLE 6 . ae ra ARCHITECTURAL COMMITTEE g 6.0N6 Membership of Architectural Committee. T Steet Committee shall consist ss of not more than four (4) voting members ("Voting MemBers") and such additional nonvoting membe@ serving in an advisory capacity ("Advisory bers") as the Voting Members deem 3S appréfiate. The following persons are hereby desigftated as the initial Voting Members of the <9 Argpitectural Committee: Doug French, Randy Fresh, and Stephen Grove. When a person other, > gen the initial Voting Members is president ofabe Association, such person shall be the fou , 0 oO ting Member.

RY 6.02 Action by Architectural Ccogmitee Items presented to the Architectural Cammittee

nitial Voting Members is president ofabe Association, such person shall be the fou , 0 oO ting Member.

RY 6.02 Action by Architectural Ccogmitee Items presented to the Architectural Cammittee Se shall be decided by a majority vote mf Ke oting Members. x GO Xe 5.03(B), Declarant, its successg@sOr assigns shall have the right to appoint angen all Voting & Members of the Architectur. ommittee, which persons need not be dra rom Association S Members. NotwithstandingSthe preceding sentence, Declarant may legate its right of appointment, or any portion thereof, to the Board by written instrument before such date.

Whenever the Transition Date occurs, thereafter, the Board shall have the right to appoint all Voting Members. At such time as the Board gains the right to appoint and remove Voting Members of the Architectural Comittee, or any portion of this right, a majority athe Voting Members so appointed shall be n from Members of the Association. Adyigfty Members shail, when reasonably Bessia e drawn from Members of the Association. > WO Oo , 6.04 option of Rules. The Architectural Committamay adopt such procedural and 2 substantiv es, not in conflict with this Declaration, as icseems necessary or proper for the & partons of its duties, including but not limited to a buil¥hg code, a fire code, a housing code, Ss 9° x x mS mS eS ee Declaration of Covenants Conditions and Restrictions. gon Trails v3 Page 10 ©) 9° Ss s s RY 2 Se gS C C eo A 1414794 Page 15 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 104 \ x ay © oO Oo WO 6.05 view of Proposed Construction. pyneneveee this Declaration the approval of

Oo A 1414794 Page 15 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 104 \ x ay © oO Oo WO 6.05 view of Proposed Construction. pyneneveee this Declaration the approval of the Archit ral Committee is required, the Architecturgy‘Committee shall have the right to considergll of the Plans and Specifications for the Impggvement or proposal in question and all other fais that, in its sole and absolute discretion, areal vant. Except as otherwise specifically pro Ged herein, prior to the commencement of aly construction of any Improvement on the Chitectural Committee, and construction tht®of may not commence unless and until OArchitectural Committee has approved sug? lans and Specifications. Until receipt by, @me no responsible for reviewing any proposed | Specifications be deemed an endorse se & Declaration of Covenants Conditions and Restrictions gun Trails v3 9° Architectural Committee of any informations? document deemed necessary by the Archit ral Committee, it may postpone review of any Plans and Specifications submitted for approval. Upon receipt of all necessary information, t @xrchitectural Committee shall consider and éRpon any and all Plans and Specifications itted for its approval pursuant to this De«efation, and perform such other related duties éRigned or authorized by this Declaration, inclugi@y at its option inspection of construction in pregress to assure its conformance with previoust@approved Plans and Specifications. The wok tural Committee shall have the express aut efty to perform factfinding functions hereundeMand shall have the power to construe and iftérpret any covenant

t@approved Plans and Specifications. The wok tural Committee shall have the express aut efty to perform factfinding functions hereundeMand shall have the power to construe and iftérpret any covenant herein that may be vague, indefinite, uncertain or capable of more than one construction. The Architectural Committee may, in its review of Plans and Specifications and such other information as it deems proper, consider whether any proposed Improvement upon a Lot would unreasonably obstruct the view from gfNer portions of the Property. The Architecturak$ommittee may, but shall not be required to, aa prove any Improvement upon any Lot that ld unreasonably obstruct the view from anggpiner portion of the Property. No Improvemesshall be allowed on any Lot which is of su ize or architectural design or involves the,@Se of such landscaping, color schemes, exer finishes and materials and similar fealStts as to be incompatible with residential f@velopment within the Property and the ofrounding area. The Architectural Committee Shall have the authority to disapprove any proposed Improvement based upon the restrict; set forth in the preceding sentence and the ecision of the Architectural Committee shall@e final and binding so long as it is made ager faith. The Architectural Committee shall ngineering soundness, or conformance walt ilding or other codes not of its authorship. s 6.06 Actions of the Architectural Committee. The Architectural Committee may, by resolution unanimously adopted in writ, designate one or two of its members or an a, acting on its behalf to take any action Seon any duties for and on behalf of th hitectural Committee. In the absence of su esignation, the vote of a majority of all the bers of the

ts members or an a, acting on its behalf to take any action Seon any duties for and on behalf of th hitectural Committee. In the absence of su esignation, the vote of a majority of all the bers of the Architectural Committee takensgvfthout a meeting shall constitute an act o Architectural Committee. © & S S 6.07 No Waiver of Future Approvals. The approval or consent of the Architectural Committee of any Plans and Specifications for any work done or proposed, or in connection with any other matter requiring the approval or consent of the Architectural Committee, shall not be deemed to constitute a waaiver of any right to withhold approval or consant as to any other Plans and Specifications, er matter whatever, subsequently or additipyly submitted for approval or consent by the 8 e or a different person. \ Oo nO 6.08 Bor in Progress. The Architectural CommittesMay at its option inspect all work 9 No Liability for Architectural Commi Members. Neither the Architectural Co e@ nor any member thereof shall be liable Association or to any Owner or to any ~ ° ° s Ss 3 3 4 R 9 We & vement, nor shall its approval of any Plans,> , from the standpoint of structural safe?

9 A S > Ss Ss 1414794 Page 16 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 105 x x OG OG 1 > Oo Oo other Pree any loss, damage or injury arising out of th Feing in any way connected with & the perfor ce of the Architectural Committee's duties ugger this Declaration unless due to the se willful migconduct or bad faith of the Architectural Committee or its members, as the case may &.

be. NegRer the Architectural Committee nor any meme hereof shall be liable to any Owner due }

o the se willful migconduct or bad faith of the Architectural Committee or its members, as the case may &.

be. NegRer the Architectural Committee nor any meme hereof shall be liable to any Owner due } to construction of any Improvements within roperty, or the creation thereby of any VY \ may be designated by Declarant or ine Gaare: as the case may be, from time to time.

‘ ao representative fails to approve or (Rapprove any Plans and Specifications withing @irty (30) days s Architectural Committee in ection with such submission, approval shall pF assumed.

6.12 Variances. Notwithstanding any other provision of this Declaration, in order to prevent undue hardship upon the Owner or Owners of any individual Lot or Lots upon the Property, variance from any restrictions set out in this Declaration may be granted by a unanimous decision of the Architegftral Committee in a written instrument to be gry acknowledged, if and when such a variang&thall ever be granted. 9 ~ B® ‘ 6.13 ernmental Agency Approval. Nothing in thigg Siaration shall be construed to relieve any Owner from securing such approvals, certificates@rid/or permits as may be required & < by law in cesfiection with the construction of any Improverpgtits on any Lot. S ou Relationship with Association. The ArgMectural Committee has been created 3S

es@rid/or permits as may be required & < by law in cesfiection with the construction of any Improverpgtits on any Lot. S ou Relationship with Association. The ArgMectural Committee has been created 3S purs@iit to this Declaration to perform certain funatiins specified herein relating to the review ce hitectural Committee does not exercise th ority of the Board, and shail not do so unl Oand until (i) the Board shall have duly appoin see majority of Board members to the ae s Committee, and (ii) the Board shall by un ous resolution, duly recorded in the records yp the Association, make the Architectural Conynittee a committee of the Board in accordancewith the Se Texas Non-Profit Corporation Act. & eS &SUNDS AND ASSESSMENTS ee & & & Ss 7.01 Assessment® S {A) The Association may from time to time levy Assessments against each Lot whether or not improved. Except for special assessments, Working Capital Assessments (defined Aelow) and 10-year Special Project Fund Asseasments (defined below), the | of Assessments shall be equal and uni between all Lots. It is ed however, that no Assessments nereuns r shall be levied against Destarant. Oo .

g (B) Where the obligation to pay an Assessme &t arises after the commencement & of the year or other period for which the Asséssment was levied, the Assessment Ss co amount of the Assessment year or otpe eriod remaining after said date. SX ea Declaration of Covenants Conditions and Rosine YQ Tas v3 Page 10° © & s Ss S S RN \ S S o3 N ~ nN DX Dn D> 1414794 Page 17 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 106 \

eclaration of Covenants Conditions and Rosine YQ Tas v3 Page 10° © & s Ss S S RN \ S S o3 N ~ nN DX Dn D> 1414794 Page 17 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 106 \ 8 Qs ~ SN e oe é § é collection thereof as hereinafter provided, shall be the personal obligation of the 4 Q owner of the Lot against which the ASSBRS ent falls due, and shall become a lien Q ce . i \ against each such Lot and all Improv, nts thereon. The Association may enforce VY . oe payment of such Assessments in agrordance with the provisions of this Article. oe es i ‘i & 7.02 Regular Annual Assessments. initial annual Assessment shall be $000 098 S Lot, subject to revision by the Board as set$rth herein without the necessity of an amend t to \ this Declaration. Thereafter, prior to the.geginning of each fiscal year, the Board shall astimate expenses, including all debt service (ether owed to Declarant, an affiliate of Derant, or 9° Vo otherwise) to be incurred by the A’ iation during such year in performing its fugs#ons under B® ; : .O this Declaration. Assessments sugsient to pay such estimated expenses plus a p{adent reserve xe shall then be levied as herein ided, and the level of Assessments set by &@ Board shall be & final and binding so long asi made in good faith. If the sums collected e inadequate for S any reason, including nonp: ent of any individual Assessment, the Assochtion may at any time, and from time to time levy further Assessments in the same manner as aforesaid. All such regular Assessments shall be due and payable to the Association in the time and manner directed by the

ny time, and from time to time levy further Assessments in the same manner as aforesaid. All such regular Assessments shall be due and payable to the Association in the time and manner directed by the Board at its sole discretion, either (a) annually, at the beginning of the fiscal year, or (b) during the fiscal year in equ onthly installments on or before the first daygof each month, or (c) in other convenient in ents. co . ~ ~ 7.03 Kin Capital Assessment. Each Owner (oth an Declarant or an affiliate of the purposes selling completed homes to an unrelated thi party) of a Lot shall pay a working Ts capital agseSsment (the “Working Capital Assessment’) to the Association in an amount equal to one-ha the regular annual Assessment, as set by Board pursuant to Section 7.02 of this 3S DecigStion, at the time of any transfer of such LocSs described herein. The Working Capital ce A eessment hereunder will be due and payable ta, de Association by the transferee at the closing, > Sey transfer of a Lot (including any paneer Declarant to the initial Owner (unless to > ffiliate of Declarant), and any transfer from or? Owner of a Lot to a subsequent Owner of a cs s The Association may use the Working Cayfal Assessments collected hereunder to disgyftge A operating expenses or for any other purpose allowed under this Declaration. Notwithstanding the } foregoing, the following transfers, in aggtbn to those already described, will not be me to the G Working Capital Assessment: (i) fo. sure of a deed of trust lien, tax lien, or the ociation’s assessment lien; (ii) transfer to, fe. or by the Association; (iii) voluntary transfegby an Owner

to the G Working Capital Assessment: (i) fo. sure of a deed of trust lien, tax lien, or the ociation’s assessment lien; (ii) transfer to, fe. or by the Association; (iii) voluntary transfegby an Owner to one or more co-owners, or t Owner’s spouse, child, or parent. In the e of any dispute regarding the application of t orking Capital Assessment to a particular O r, the Declarant, if prior to the Transition Dat, and thereafter the Board, shall make the deQtmination regarding the application of the exemption and such determination shall be binding and conclusive without regard to any contrary interpretation of this Section 7.03. The Working Capital Assessment will be in addition to, not in lieu of, any other Assessments levied in accordance with this Article 7 and will not be considered anyadvance payment of such Assessments. The an shall have the power to waive the impositj Si any Working Capital Assessment attributas o any Lot in connection with a transfer of sycH Lot by the recordation of a waiver notice, waiver may be temporary or permanent, arg@ihich may be granted at the sole discretion, ge Board.

g 7.0 i0- ear Special Project Fund Assessment. Réth Owner (other than Declarant or & an affiliate? Declarant) of a Lot shall pay a special project fund assessment (the “10-year Special S Project SWnd Assessment”) to the Association in the a&ount of $1,000.00 per Lot, payabie at $100-@per year, for a period of ten (10) years. Theé t payment of the 10-year Special Project SX go Declaration of Covenants Conditions and Retiion. YA Trails v3 Page er s Ss Ss RY S 3s R R 9° 9° 9° eo eo eo ge oO Se > 1414794 Page 18 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 107 RY 2 gs oe od

itions and Retiion. YA Trails v3 Page er s Ss Ss RY S 3s R R 9° 9° 9° eo eo eo ge oO Se > 1414794 Page 18 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 107 RY 2 gs oe od Fund Assess shall be payable at the time the Lot is iransetred from Declarant or an affiliate of Declarand}to its initial Owner, and subsequent paymentget the 10-year Special Project Fund Assessment shall be paid as and when regular annual Assessments are due and payable pursu Section 7.02 until the 10-year Special Progr Assessment has been paid in full with feSpect to such Lot. In the event of any subs nt transfer of ownership of any Lot by the essment will continue to be assessed anny@ty against the Lot, and will be due and re g Oby any subsequent Owner per the same cote d schedule as if the Lot had not been transferred.

s the payment in full of the 10-year SpecialProject Fund Assessment. The purpose of they 0-year Special Project Fund Assessment is tod@imburse the Declarant for providing additionaymenities in the Subdivision for the benefit of. Owners (“Special Amenities”). The Associatio Saal use the 10-year Special Project Fund Ase@Ssments collected hereunder to reimburse Rs arant, or an affiliate of Declarant if applicalge, for its costs with respect to the Constructhg@er of the Special Amenities. The 10-year Spegial Project Fund Assessment will be in additiond® and not in lieu of any other Assessments le in accordance with this Article 7. Ss 7.05 Special Assessments. In addition to the regular annual Assessments, Working Capital Assessments and 10-year Special Project Fund Assessments provided for above, the

rdance with this Article 7. Ss 7.05 Special Assessments. In addition to the regular annual Assessments, Working Capital Assessments and 10-year Special Project Fund Assessments provided for above, the Board may levy special ssessments whenever in the Board’s opinion gn special Assessments are necessary to en the Board to carry out the mandatory functj of the Association under this Declaration. THs amount and due date of any special Assessmpn $s shall be at the reasonable discretion of t oard. The Board may also make special,@ssessments against individual Owners for c related to repair or maintenance of damages or loss to Common Areas or property foxginich the Association has a repair obligation gassed by the negligence or intentional acts of any Owner or occupants of a Lot. 4 Sos Owner's Personal Obligation for P Sat of Assessments. The Assessments eclarant), the 10-year Special Project Fund. > proxided for herein shall be the personal and indjyvual debt of the owner of the Lot covered by, > Se Assessments. Except as otherwise prayer in Section 7.01{A) hereof, no Owner m x empt himself from liability for such Assess ts. in the event of default in the payment of ‘such Assessment, the owner of the Lot be obligated to pay interest at the highegk®ate A allowed by applicable usury laws then in effect on the amount of the Assessment from que date thereof (or if there is no such highest ag then at the rate 1-1/2% per month), togetke will all costs and expenses of collection, ing ing reasonable attorneys’ fees. WV & ~& \ 7.07 Assessment anggXine Lien and Foreclosure. All sums assessgetin the manner provided in this Article but ngOpaid by the Owner, and all fines assessed he Board in the

able attorneys’ fees. WV & ~& \ 7.07 Assessment anggXine Lien and Foreclosure. All sums assessgetin the manner provided in this Article but ngOpaid by the Owner, and all fines assessed he Board in the manner provided in Sectiong’04, shall, together with interest as provided ySection 7.06 hereof and the cost of collection, including attorneys’ fees as herein provided, thereupon become a continuing lien and charge on the Lot covered by such Assessment or fine, which shall bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal representatives, successors or assigns. we aforesaid lien shall be superior to all other ligns and charges against the said Lot, except or tax liens and all sums unpaid on a first mgtgage lien or first deed of trust filed of record, Securing in either instance sums borrowed for tyacquisition or improvement of the Lot in qus@tion. The Association shall have the powgKtto subordinate the aforesaid Board and aPofficer of the Association, duly authorized ef the Board, shall effectuate such subordinatthh. To evidence an Assessment and fine lien, $86 Association may prepare a written notice of\ssessment and fine lien setting forth the amoywt of the unpaid indebtedness, the name of the¢ ner of the Lot covered by such lien, and aa cription of the Lot. Such notice shall be ~ 34 Declaration of Covenants Conditions and Restrictions_Yaueyr° Trails v3 Page 1%" oO Oo ° s sr A \ oe & e. eo 1414794 Page 19 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 108 x x © OG os? @ oO oO ,

12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 108 x x © OG os? @ oO oO , office of t ounty Clerk of Brazos County, Texas. Suc! n for payment of Assessments or se fines shal attach with the priority above set forth from the date such payment becomes delinquent, 4 and mee e enforced subsequent to the recording of hotice of Assessment and fine lien as 3 proved above by the foreclosure of the defaulting’ wner's Lot by the Association judicially or .O perty Code and Texas Rules of Civil Proc @ Rules 735 and 736, and successor statute?

Oand each Owner expressly grants the pssogeen a power of sale in connection therewith, op @ie S* Association may institute suit against the er personally obligated to pay the Assessmont or \ fine and/or for foreclosure of the aforegaid lien judicially. Any Owner may waive expedited ° foreclosure proceedings. In any loses? proceeding, whether judicial or not judicial, ge Owner o Association. The Association shat\fiave the power to bid on the property at fore ure or other legal sale and to acquire, hold ase, mortgage, convey or otherwise deal witRQne same. Upon < the written request of any M gee, the Association shall report to said Mog&igee the status of S any Assessments or fines ting to the Mortgagee’s mortgage and remaiNg unpaid for longer than thirty (30) days after due.

4 ARTICLE 8 4 EASEMENTS x S& 8.01 Raspved Easements. All dedications, tations ge mtrictions. and reservations

to the Mortgagee’s mortgage and remaiNg unpaid for longer than thirty (30) days after due.

4 ARTICLE 8 4 EASEMENTS x S& 8.01 Raspved Easements. All dedications, tations ge mtrictions. and reservations shown on any covering all or any portion of the Property all grants and dedications of easements, af a restrictions, and related rights madgNy Declarant prior to the Property & becoming ject to this Declaration, are incorporated h by reference and made a part of Ts this ee ion for all purposes as if fully set forth herein, and shall be construed as being adopted in eac| d every contract, deed or conveyance exe’ d or to be executed by or on behalf of 3S Deqa@int conveying any part of the Property. eC ce nO 8.02 Surface Areas. The surface of S inciit areas for underground utility servic > ay be used for planting of shrubbery, treesgawns or flowers. However, neither the Dee s nor any supplier of any utility service usin easement area shall be liable to any Ownesft to i. the Association for any damage done them or either of them, or their epee veer } employees, servants or assigns, to a f the aforesaid vegetation as a result of ctivity Vo reasonably relating to the constructigfy aintenance, operation or repair of any facility any such & easement area. 2 ~& xs .O WO & 8.03 Drainage Easeghnts Each Owner covenants to provide eas ae for drainage S and water flow, as contous ‘of land and the arrangement of Improvem approved by the Architectural Committee thereon require. Each Owner further covenants not to disturb any trees or other vegetation within the drainage easements as defined in this Declaration and shown on the plat of the Subdivision. There shall be no construction of Improvements, temporary or

isturb any trees or other vegetation within the drainage easements as defined in this Declaration and shown on the plat of the Subdivision. There shall be no construction of Improvements, temporary or permanent, in any drainage easement, except as may be approved in waiting by the Architectural Committee.

CF Ce 8.04 Blatket Easement. An easement is hereby retainen favor of the Association over constructio GPa common cable television system, a com sprinkler system, maintenance of & andecaniy or any other item for the common benefit of Owners as shall be determined by Ss the Assgajation. An easement is further granted for THE SNPS of repairing and maintaining any \ co ce SX ee Declaration of Covenants Conditions and Restictons Trails v3 Page 1x °o 9 & RN s \ S&F Sk SF 1414794 Page 20 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 109 ge x OG OG D> N +O . oe such system constructed. An entry upon any Lot or thegsommon Areas to effectuate the & foregoing adfposes shall not be deemed as trespass. Ss se ey ARTICLE 9. x) VW MISCELLANSOUS © od 2 > Ohereof, shall run until twenty (20) years fi date hereof (the "Termination Date"), u SS” amended as herein provided. On the TadMination Date, this Declaration, including a \ covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years each. ie .O 9.02 Dissolution. Upor rmination of this Declaration, the Assocjston shall be Xe dissolved. In the event of any s dissolution of the Association, other than in nt to a merger & or consolidation, the assets eRe Association shall be dedicated to any approgPate public agency

ll be Xe dissolved. In the event of any s dissolution of the Association, other than in nt to a merger & or consolidation, the assets eRe Association shall be dedicated to any approgPate public agency to be used for purposes si r to those of the Association with respect to tk Common Areas. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes.

3 \ 9.03 Amenefitent. co ~ N Hy the Declarant, acting alone, (A) Seviarari This Declaration may be amend 4 Si the Transition Date, as defined in Section<s‘03(B), and thereafter for so long & “as Declarant holds a majority of the votes e Association. No amendment by Ss Declarant shall be effective until there has Been recorded in the Official Records 3 of Brazos County, Texas, an instument@lecuted and acknowledged by Declarant 3S ou and setting forth the amendment, argyif amended after the Transition Date, an ce & certifying that the Declarant haqese requisite number of votes. ra oO fi , 9.01. Term. This Declaration, includingged! of the covenants, conditions, and restitiggs?

S ch 9 s (B) By Owners. In addition to thefiiethod in Section 9.03(A), after the Transitio Se, i. this Declaration may be mended by the recording in the Official Regords of x Brazos County of an eee ent executed and acknowledged by the Present and Vo Secretary of the As tion setting forth the amendment and certifyiQ@gy that such AG amendment has neon approved by Owners entitled to cast atgpast fifty-one & percent (51%) ogabte number of votes entitled to be cast pursuagtsto Section 5.03 hereof. o 9°

and certifyiQ@gy that such AG amendment has neon approved by Owners entitled to cast atgpast fifty-one & percent (51%) ogabte number of votes entitled to be cast pursuagtsto Section 5.03 hereof. o 9° 9.04 Notices. Any notice permitted or required by this Declaration shall be in writing and shall at least be delivered by certified mail. Any delivery made by certified mail or by regular mail shall be deemed to have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copy of tye same has been deposited in the United Statgs mail, postage prepaid, addressed to the pegs at the address given by such person to the Qxsociation for the purpose of service of noticag’Such address may be changed from time toxtfere by notice in writing given by such person, tagne Association. . oe 9.0 Anterpretation. The provisions of this Decl ron shall be liberally construed to effectuate We purposes of creating a uniform plan for thé development and operation of the Ss Propergsend of promoting and effectuating the forangt concepts of the Property set forth in \ - 9 x ee Declaration of Covenants Conditions and Resticions on Traits v3 Page 2 © & & cy Q 9° 1414794 Page 21 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 110 Se 3 S e 1 > ra O this Declaratig@ This Declaration shall be construed, gover and enforced under the laws of & the State xas. S se Rvs Exemption of Declarant and Stylecraft gies. Inc. Notwithstanding any provision x) in yl? Declaration to the contrary, neither Declare nor any affiliate of Declarant, including, ©

n x) in yl? Declaration to the contrary, neither Declare nor any affiliate of Declarant, including, © ject to the control of or under the jurisdictiog@?'the Architectural Committee, including, but S* Architectural Committee. Without in any wy limiting the generality of the preceding senhce, \ this Declaration shall not prevent or lina the right of Declarant to (i) excavate and de, (ii) co construct and alter drainage patter and facilities, (iii) construct any and all stares of \ Improvements, sales and leasing affttes, and similar facilities, and (iv) post signs frcidental to e construction, sales, and jeasing avPivhere within the Property. Oo & 9.07 Assignment ggSecierant Notwithstanding any provision in thigDeclaration to the duties under this Declaration to any other person or entity and may permit the participation, in whole or in part, by any other person or entity in any of its privileges, exemptions, rights, and duties hereunder.

\ 3 9.08 Enforg6Mtent and Nonwaiver 9 (A) iit of Enforcement. Except as otherwise provj herein, any Owner at his own pense, Declarant, and/or the Board shall ha e right to enforce any and all of & the provisions of the Declaration. Such rigf*of enforcement shall include both Ts 4 damages for, and injunctive relief against tn breach of any such provision. Rn SS Nonwaiver. The failure to enforce anpitvicion of the Declaration at any time shall SX

any such provision. Rn SS Nonwaiver. The failure to enforce anpitvicion of the Declaration at any time shall SX & other provision of said restrictioge? ra S (C) Liens. The Association shalyfave the right, when appropriate in its judges to as. claim or impose a lien upqn any Lot or Improvement constructed inereGnn order ° to enforce any right or ae { compliance with this Declaration. Q RS C e we eS S & (A) Restrictions sererable. The provisions of the Declaration Sal be deemed S independent hd severable, and the invalidity or partial invatitty of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof.

(B) Sinaulay cludes Plural. Unless the context requires a gontrary construction, the singu hall include the plural and the plural the idSu ar; and the masculine, Fo e or neuter shall each include the masculina minine, and neuter.

(C) ie and Absolute Discretion. Notwithstandin Shything herein to the contrary, 2 Whenever a party to this Declaration is entiflevto exercise its “sole and absolute & Se parties’ exercise of its "sole and absquap discretion shall be final and shall not be SX ee Declaration of Covenants Conditions and en al Trails v3 Page 2% © 9 oO S Ss Ss cS cS x OG GO GO N ~ nN 1414794 Page 22 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vol: 16585 Pg: 111 Subject to appeal or be subject to adjudicaton by a court of law, arbitration,

cS x OG GO GO N ~ nN 1414794 Page 22 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vol: 16585 Pg: 111 Subject to appeal or be subject to adjudicaton by a court of law, arbitration, mediation, or otherwise.

this Declaration are intended solely for Captions. All captions and titles used th convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any of the parag sections or articles.

a Unofficial Copy Unof Deadlines on Business Day. Many deadline in this Declaration should fall Saturday, Sunday or a Texador federal holiday, such deadline shall Unofficial Copy Unofficial Copy Unofficial Copy (E) be extended to the next business day.

(F) the State of Texas Deal with the laws of Declaration shall be construed in accordance with the Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unof al Copy Unofficial Copy Unofficial Copy 50: Declaration of Covenants Conditions and Restrictions Yau Trails v3 al Copy Unofficial Copy Unofficial Copy Page 2 al Copy Unofficial Copy Unof 1414794 Page 23 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vol: 16585 Pg: 112 Da mofficial Copy Unofficial Copy Unofficial Coptember 2020.

IN WINESS WHEREOF, Declarant has executed Declaration as of this 9th day of DECLARANT: Unofficial Copy Unofficial Copy Rancial er & Son Development Company, LLC, 1 Unofficial Copy Unofficial Copy Unof By: Doug French, Vice President STATE OF TEXAS § COUNTY OF BRAZOS § This instrumentas acknowledged before me on the day of December 9th day of 2020, by Doug Fren, Vice President of Ranier & Son Developme& Company, LLC, a Texas

ident STATE OF TEXAS § COUNTY OF BRAZOS § This instrumentas acknowledged before me on the day of December 9th day of 2020, by Doug Fren, Vice President of Ranier & Son Developme& Company, LLC, a Texas limited liability company, on behalf of such entity, and in the capasity herein stated.

PUBLIC KATHRYN LYNN BERILLA My Notary ID # 129326638 Expires February 27, 2021 Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Reth Belle Copy State of Texas Notary Pub Unofficial Copy Unofficial Co Unofficial Copy Unofficial Copy Unof al I Copy Unofficial Copy Unofficial Copy 34960: Declaration of Covenants Conditions and Restrictions aupon Trails v3 al Copy Unofficial Copy Unofficial Copy م al Copy Unofficial Copy Unof 1414794 Page 24 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vol: 16585 Pg: 113 Unofficial Copy Unofficial copy Unofficial Copy Consent of Lienholde American Momentum Bank joins herein to consent to the terms and conditions of this Declaration with respect to the Property.

STATE OF TEXAS COUNTY OF BRAZOS NOTARY PUBLIC Unofficial Copy Unofficial Cogy @nofficial Copy By: Kevin S. Kurtz, Vice President Unofficial Copy Unofficial Copy Unof This instrument was acknowledged before me on the 2 day of December 2020, by Kevin S. Kurtz, Vice President of American Momentum Bank, on behalf of such bank.

elina uruch Unofficial Copy Unofficial Copy Unofficial Copy MELISSA EDWARDS My Notary ID #7138493 Expires December 18, 2023 NOTARY PUBLIC State of Texas Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unof jal Copy Unofficial Copy Unofficial Copy jal Copy Unofficial Copy Unofficial Copy 4960: Declaration of Covenants Conditions and Restrictions Upon Trails v3 jal Copy Unofficial Copy Unof

cial Copy Unof jal Copy Unofficial Copy Unofficial Copy jal Copy Unofficial Copy Unofficial Copy 4960: Declaration of Covenants Conditions and Restrictions Upon Trails v3 jal Copy Unofficial Copy Unof 1414794 Page 25 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vok 16585 Pg: 114 Se Se 2 & WC WO ' § EXHIBIT A & & s s Ss RY Property A 4 S& Ce Ca ocument Number 2019-1372207 and at YOlume 15566, Page 83, Official Public Recg@s, * Brazos County, Texas. Ss Sy wor (1) through Thirty-Nine (39), Block On , Yaupon Trails Phase 1A, a subdivision ine roo Lots One (1) through Fifteen (15), B wo (2), Yaupon Trails Phase 1A, a subdiy; yy in the \ City of Bryan, Brazos County, TexagSaccording to the map or plat thereof recordeda#Document Lo Number 2019-1372207 and at Vantne 15566, Page 83, Official Public Records, &®z0s County, Texas.

& exa é S + S Lots One (1) through Threads), Block Three (3), Yaupon Trails Phase 1898 subdivision in the City of Bryan, Brazos County, Texas, according to the map or plat thereof recorded at Document Number 2019-1372207 and at Volume 15566, Page 83, Official Public Records, Brazos County, Texas.

3 S Lots One (1) throug Pour (4), Block Four (4), Yaupon Trails Phase a subdivision in the City of Bryan, gear a Texas, according to the map or plat, hereof recorded at Document 2 Number 2079- 07 and at Volume 15566, Page 83, Officig Public Records, Brazos County, Texas. AS ° S S Lots ree through Thirteen (13), Block Five (5), Yaupon Trails Phase 1B, a subdivision in the S On.

City of Byyan, Brazos County, Texas, according to the sgap or plat thereof recorded at Document 3 Numg¢t 2019-1372207 and at Volume 15566, Page, Official Public Records, Brazos County,

on in the S On.

City of Byyan, Brazos County, Texas, according to the sgap or plat thereof recorded at Document 3 Numg¢t 2019-1372207 and at Volume 15566, Page, Official Public Records, Brazos County, Tats .o eC nO a Le One (1) through Twenty (20), Block Six) Yaupon Trails Phase 1B, a subdivision in & A Number 2019-1372207 and at Volume 19566, Page 83, Official Public Records, Brazos County, Texas. Se S . eS Lots One (1) through Six (6), Blogieven (7), Yaupon Trails Phase 1B, a subdivigdin in the City xe of Bryan, Brazos County, Texg@s"according to the map or plat thereof recor at Document Ss Texas. S S Lots One (1) through Eight (8), Block Eight (8), Yaupon Trails Phase 1B, a subdivision in the City of Bryan, Brazos County, Texas, according to the map or plat thereof recorded at Document Number PONS See NG at Volume 15566, Page 83, Official Public Records, Brazos County, Texas. co < D> . ale All Common Area? Yaupon Trails Phases 1A and 1B, a subdiyig@n in the City of Bryan, Brazos County, Texa ccording to the map or plat thereof reconged at Document Number 2019- ¢ 1372207 a Volume 15566, Page 83, Official Public Regis, Brazos County, Texas. © Y ©, g g g 9° 9° Ww WV Ss s ss 1414794 Page 26 of 26 12/10/2020 4:16PM Karen McQueen, Brazos County Clerk Vol: 16585 Pg: 115 Braze County Karen McQueen Clerk Unofficial Copy Unofficial copy Real Pronofficial Copy Unoffica Instrument Number: 1414794 Volu 16585 erty Recordings Unofficial Copy Recorded On: December 10, 2020 04:16 PM

Clerk Unofficial Copy Unofficial copy Real Pronofficial Copy Unoffica Instrument Number: 1414794 Volu 16585 erty Recordings Unofficial Copy Recorded On: December 10, 2020 04:16 PM Total Recording: $122.00 " Unofficial Copy Unofficial Copy Unof Number of Pages Examined and Charged as Follows: " Copy Unofficial Copy Unof Unofficia Copy Unofficial Copy Unofficial Copy Unofficia Copy Unofficial Copy Unofficial Copy Any provision herein which restras the Sale, Rental or use of the described REAL PRO because of color File Information: Document Number: Receipt Number: User: Unace is invalid and unenforceable under federal law.

1414794 20201210000153 Recorded Date/Time: December 10, 2020 04:16 PM Station: Tha LERK06 Official Copy Unofficial Copy, ........

★ THE STATE OF TE OUNTY OF BRAZOS jal Cop ........

★ STATE OF TEXAS COUNTY OF BRAZOS Karen McQueen Record and Return To: ORERTY West, Webb Albritton & Gentry 1515 Emerald COLLE STATION TX 77845 al Copy Unofficial Copy Unofficial Coplaza I hereby certify that this Instrument was FILED printed hereon, and was duly RECORDED inthe Official Public Records of Brazos County, Texas.

County Clerk Brazos County, TX the File Number sequence on the date/time jal Copy Unofficial Copy Unof