Document

RP 01/21/2010 UNMTONALOALUT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Docs ono FOR YOWELL RANCH This Declaration of Covenants, Conditions and Restrictions for Yowell Ranch is madd date hereinafter set forth by Declarant (as hereinafter defined).

Declarant is the owner of the Property (as herein defined). Declarant desire 5 the Property mutually beneficial restrictions under a general plan of improveme the owners of each portion of the Property. The Declaration is intended to pro reasonable procedure for the overall development, administration, maintenafhice preservation of the Property. In furtherance of such plan, Declarant has caused_or inte ausdthe Yowell Ranch Homeowners’ Association to be formed as a Texas no 2 and maintain the Common Maintenance Areas (as defined hérein) and to. administer and enforce the provisions of this Declaration.

eciaration shall be binding upon all parties having any right, title or interest in any portion oft ie Pr bir heirs, successors, successors-intitle and assigns, and shall inure to the berrefit of each’s 1.1 "ACA" or "/ terms in Section 6.2 hereir ans standards adopted by the ACA regarding architectural and itation, architectural design, placement of improvements, eyior finishes and materials and similar features which may be either ssoCiation® means Yowell Ranch Homeowners’ Association, a Texas nonprofit ished for the purposes set forth herein.

Ocation or repair of any subdivision improvement, including, without limitation, any subdivision sign, monument or entry feature, retaining, screening or perimeter wall, drainage facility or other easement for the benefit of the Association shown on a Recorded piat of the Property or

subdivision sign, monument or entry feature, retaining, screening or perimeter wall, drainage facility or other easement for the benefit of the Association shown on a Recorded piat of the Property or otherwise shown in any instrument of record, and including the easement for subdivision fencing reserved in Section 9.7 below.

1.6 "Board" means the Board of Directors of the Association.

1 American Abstract & TitsiGa , Ine.

% . 5 (364 Ala giod4 BAB #IS|.0° 1.7. "Builder" means any person or entity who purchases one or more Lots for the purpose of constructing improvements for later sale to consumers in the ordinary course of such person's or entity's business.

1.8 "By-laws" means the by-laws of the Association.

1.9 "City" means the City of Killeen.

1.10 "Common Area" and "Common Areas" means ail areas (inc improvements thereon) within the Property owned or to be owned by the Associ common use and enjoyment of the Members, including, without limitation, thé described and/or depicted on Exhibit "B" attached hereto.

1.11 “Common Expenses” means the actual and estimatedexpe anticipated to be incurred by the Association for the benefit of the Membér(és Maintenance Areas.

streets, landscaping, entry features, fence or similar er the. Boa appropriate to maintain for the common benefit of the ers or that is shown on a Recorded plat of the Property or portion thereof as being maintained Association.

1.13 “County” means the Counpot Bé 1.14 "Declarant" means WBW_D nent/ Ltd. and its successors and assigns as provided in Section 12.12 herein.

1.15 "Declaration" Yowell Ranch, and any ame 1.16 "Designate erest Rate” means the interest rate designated by the Board from

/ Ltd. and its successors and assigns as provided in Section 12.12 herein.

1.15 "Declaration" Yowell Ranch, and any ame 1.16 "Designate erest Rate” means the interest rate designated by the Board from time to time, subject to a oresNimitations under Texas law. If the Board fails to designate an i s interest rate shall be the lesser of 12% per annum or the highest rate ich termination document may be executed during the period when Declarant still arty within the Property.

18 “Dwelling” means any residential dwelling situated upon any Lot.

1.19 "Entry Signs” means the entry feature signs for the subdivision that are or may be placed by the Declarant or its agents on the Common Area, Common Maintenance Areas and/or on the Association Easement, including, without limitation, the entry feature signs for the subdivision that are or may be placed on the real property described on Exhibit "D" attached hereto.

2 1.20 "Lot" means any separate residential building parcel shown on a Recorded subdivision plat of the Property, but only if such parcel has in place the infrastructure (including utilities and streets) necessary to allow construction of a single-family home thereon. Common Areas and areas deeded to a governmental authority or utility, together with all improvements thereon, shall not be included as part of a Lot.

1.21. "Member" means any person, corporation, partnership, joint venture or other,jegal entity that is a member of the Association pursuant to the terms in Article Itt herein.

1.22 “Owner” means the record owner, whether one or more persons or enititie simple title to any Lot, but excluding in all cases any party holding an interest mere

to the terms in Article Itt herein.

1.22 “Owner” means the record owner, whether one or more persons or enititie simple title to any Lot, but excluding in all cases any party holding an interest mere the performance of an obligation. If a Lot is sold under a Recorded contract, purchaser (rather than the fee Owner) will be considered the Owner.

1.23 "Property" means the real property described on Exhibi than areas dedicated to the City or County) and such additiong jurisdiction of the Association and made subject to this Declafaty 1.24 "Record," "Recording" or "Recorded" means\he Public Records of Bell County, State of Texas, or suck other place asp official location for filing deeds, plats, and similar d ts affecting itle to real property.

2.1 Owners’ Easements of non-exclusive easement of use, accessé limitations set forth herein, inclyding, be Dting Rights. The right of the Association to suspend the right an Aréas and the voting rights of an Owner for any period during which st'such Owner's Lot remains unpaid.

onveyance of Common Area. The right of the Association, subject to the 90f, to dedicate, sell or transfer all or any part of the Common Areas.

% or greater of all outstanding votes entitled to be cast.

Mortgage Common Area. The right of the Association, subject to the provisions hereof, to mortgage or lien all or any part of the Common Areas. However, the Common Areas cannot be mortgaged or liened without an affirmative vote of 67% or greater of all outstanding votes entitled to be cast.

2.2 Prohibitions on Easement of Use and Enjoyment. Each Owner's right and easement of use and enjoyment in and to the Common Area is further limited as follows: 3

Enjoyment. Each Owner's right and easement of use and enjoyment in and to the Common Area is further limited as follows: 3 a. No Transfer without Lot. An Owner's right and easement of use and enjoyment in and to the Common Area shall not be conveyed, transferred, alienated or encumbered separate and apart from an Owner's Lot.

b. No Partition. Except as provided in Section 2.1.c herein, the Common Area shall remain undivided and no action for partition or division of any part thereof shall be permitted.

applicable, subject to the terms in this Declaration, the By-laws and any reasong Board. An Owner who leases his or her Dwelling is deemed to have assigned alfS tessee of such Dwelling.

ARTICLE Ill MEMBERSHIP AND VOTI 3.1 Membership - Owners. Every Owner by of o hip of a Lot will be a member of the Association. Membership will be appurtena’ n not be separated from ownership of any Lot.

iation shall be as follows: aft De liso provided in Section 3.2(b) below, efor bs fea Owned. However, when more than one in’e at,.ofily one vote in total may be cast per Lot as themselves and advise the Secretary of the ging taken. The Association shall have no n to determine which Member is the person Members fail to advise the Association of the person en the Lof's vote shall be suspended if more than one 3.2 Voting Rights. The voting rights in th a. Members other Members shall be entitled to one person or Member holds an inter Association in writing BT affirmative obligation} designated to castthe Deciarant shail be entitled to ten (10) votes for each Lot owned by @ period is within or after the Development Period.

ARTICLE IV ASSESSMENTS

writing BT affirmative obligation} designated to castthe Deciarant shail be entitled to ten (10) votes for each Lot owned by @ period is within or after the Development Period.

ARTICLE IV ASSESSMENTS pr of any Lot by acceptance of a deed therefor, whether or not it will be so expressed n.deed;/ is deemed to covenant and agree to pay to the Association: (i) annual assessments rgesas provided in Section 4.3 herein, (ii) special assessments as provided in Section 4.6 herein, and (iii) specific assessments as provided in Section 4.7 herein.

4.2 Rate of Assessments. Both annual assessments and special assessments shall be fixed at a uniform rate for all Lots, regardless of a Lot's location or size or the value of the dwelling; provided, however, vacant Lots shall be subject to a lower rate as provided herein.

a. Improved Lot. A Lot that has thereon a Dwelling that has been occupied at any time (past or current) for residential purposes shall be assessed at the full rate.

4 b. Vacant Lot. A Lot that does not have thereon a Dwelling that has been occupied at any time (past or current) for residential purposes shail be assessed at the rate of 25% of the full rate.

C. Lots Owned by Declarant - Exempt. Notwithstanding any provision herein, during the Development Period all Lots owned by Declarant shall be exempt fro assessments (annual assessments, special assessments and/or specific assessmefts),and Declarant shall not be obligated to pay any assessments for the Lots.

4.3 Annual Assessment - Increases. Until January 1st of the yée following the conveyance of the first Lot to an Owner, the annual assessment she increase is more than 10%, then the increase may be disap

3 Annual Assessment - Increases. Until January 1st of the yée following the conveyance of the first Lot to an Owner, the annual assessment she increase is more than 10%, then the increase may be disap votes cast, provided that the vote occurs within 60 days of the 4.4 Date of Commencement of Ann assessments provided for herein shall commence a first Lot to an Owner (other than to a Builder or an-e provided herein), unless the Board elects to comme annual assessment shall be adjusted a ing ger of months remaining in the calendar year. The Board shall fix the amount of the arinua $thent against each Lot at least 30 days in advance of each assessment period. Writte ofthe annual assessment shail be sent to an Owner of every Lot subject thereto. The dué dates shall be established by the Board. The Board shall also establish whether the’nnu al & t assumes the Declarant status as nual assessment earlier. The first 45 Declara Declarant is responsiblé }Pdy Budget Deficits. During the Development Period, Association the difference between the Association's isNtie result of the failure or refusal of an Owner or Owners to pay p pecial assessments, the Association will diligently pursue (the Declarant may als p & at its option) all available remedies against such defaulting Owners and P e.the Declarant the amounts, if any, so collected. Upon termination of the eelarant’s obligation to pay Budget Deficit attributable to the period of time prit, Period shall cease.

emmines, in its sole discretion, to more appropriately be handled outside of the regular pudget, provided, that any such special assessment must have an affirmative vote of 67% or Greater of all outstanding votes entitled to be cast.

4.7 Specific Assessments. The Association shall have the power to levy specific

ny such special assessment must have an affirmative vote of 67% or Greater of all outstanding votes entitled to be cast.

4.7 Specific Assessments. The Association shall have the power to levy specific assessments against a particular Lot to (i) cover costs incurred in bringing a Lot into compliance with this Declaration, (ii) cover costs incurred as a consequence of the conduct (or the failure to act) of the Owner or occupant of a Lot, their agents, contractors, employees, licensees, invitees, or guests, and/or (iii) collect any sums due by the Owner to the Association (other than annual assessments or special assessments or interest or late charges related thereto), including, without limitation, fines.

5 48 Purpose of Annual and Special Assessments - Reserve. Annual assessments and special assessments levied by the Association shall be used for Common Expenses. The Association may establish and maintain a reserve fund for the periodic maintenance, inspection, repair and replacement of improvements to the Common Maintenance Areas.

49 Personal Obligation to Pay Assessments. Each assessment provided herein, together with interest at the Designated Interest Rate, late charges, collection costs and reasonable attomeys' fees, shall be the personal obligation of the person who was the Owner of such-Lot’e severally liable for any assessments and other charges due at the time of conveyangé mortgagee under a Recorded first purchase money mortgage or beneficiary ofaRe ed prid ertgagee's acquisition of title. In addition, no mortgagee shall be required to collect ae : of the full annual assessment per Lot for that year. Ng g

chase money mortgage or beneficiary ofaRe ed prid ertgagee's acquisition of title. In addition, no mortgagee shall be required to collect ae : of the full annual assessment per Lot for that year. Ng g the annual assessment and shall not be considered ahacvance pawnennicl such assessment. This amount shall be deposited into the purchase and sales eScrow and disbursed therefrom to the Association for use in covering operating expensesand other expenses incurred by the Association pursuant to this Declaration and the By-leyts, 4.11 Fallure to Pay Assessments; Remedies of the Association. With respect to any assessment or other sum due here nOt-naid withip 10 days after the due date, the Association alfee, ‘injary amount determined by the Board; (ii) charge g prest Rate from the due date until the date the sum ape ltability for the assessments provided for herein by non-use rage or abandonment of his or her Lot. The failure to pay s of this Declaration constitute a default under an insured é Creation of Lien. The Association shall hereby have a continuing lien egeh Lot to secure payment of delinquent assessments (annual assessments, acial assessments and specific assessments), as well as interest at the Designated 96t Rate, late charges, and costs of collection, including, without limitation, court costs attorneys’ fees, and any other fees or charges that are authorized under or pursuant to this Declaration. Although no further action is required to create or perfect the lien, the Association may, as further evidence and notice of the lien, execute and Record a document setting forth as to any Lot, the amount of delinquent sums due the Association at the time such document is executed and the fact that a lien exists to secure the payment thereof.

nd Record a document setting forth as to any Lot, the amount of delinquent sums due the Association at the time such document is executed and the fact that a lien exists to secure the payment thereof.

However, the failure of the Association to execute and Record any such document shall not, to any extent, affect the validity, enforceability, perfection or priority of the lien.

6 b. Enforcement of Lien - Judicial or Nonjudicial. The lien may be enforced by judicial or nonjudicial foreciosure. Each Owner by accepting title to a Lot hereby grants to the Association, whether or not it is so expressed in the deed or other instrument conveying such Lot to the Owner, a private power of nonjudicial sale. The Board may appoint, from time to time, any person including an officer, agent, trustee, substitute trustee, or attomey, to exercise the Association's lien rights on behalf of the Association, including the power of sale. The appointment must be in writing and may be in the form of a resolution recorde the minutes of a Board's meeting. A foreclosure must comply with the requirem€ applicable law, such as Chapter 209 of the Texas Property Code, as ame nonjudicial foreclosure must be conducted in accordance with the provisions dp the exercise of powers of sale as set forth in Section 51.002 of the Texas Pp amended, or in any manner permitted by law. In any foreclosure, the Ownh¢ pay the Association's costs and expenses for the proceedings, inchudi bid on the lot at foreclosure sale and to acquire, hold, c. Subordination of Lien. The lien of th subordinate to the lien of any Recorded first purcha against a Lot.

provided for herein is rtgage or deed of trust

ot at foreclosure sale and to acquire, hold, c. Subordination of Lien. The lien of th subordinate to the lien of any Recorded first purcha against a Lot.

provided for herein is rtgage or deed of trust d. Effect of Conveyance. An Qwher that conveys title to a Lot shall not be S tq the peried after the conveyance of the Lot, not affect the ceeinba lien or’ iovetHe ser that conveys the Lot from personal ei period prior to the date of the conveyance, ; g 5Fofeciosure 6 foreclosure of a first purchase money morigage, trustee's sale of a first dée i era deed in lieu thereof will extinguish the lien of such assessment as to payments att able to the period prior to the foreclosure, trustee's sale or deed in lieu there6f. wever, a foreclosure of a first purchase money mortgage, trustee's sale of a-firsdeed 3f trust or a deed in lieu thereof will not relieve such Lot or Owner therect m ‘ability for any assessment attributable to the period after the foreclosure; trfistée’s\salé or deed in lieu thereof. The foreclosure of a first purchase money mortgage, trustee's sale of a first deed of trust or a deed in lieu thereof shall not release the Ownef vs e i$ being foreclosed, sold at a trustee's sale or conveyed pursuant to a fre m the Owner's obligation to pay assessments attributable to the period prior p the tien priority as compared to other mortgages or deeds of trust.

ARTICLE V THE ASSOCIATION 5.1 The Association - Duties and Powers. The Association is a Texas nonprofit corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, By-laws, and this Declaration. The Association shall continue to exist until the Association is dissolved, regardless if the corporate status expires or lapses. The Association shall

in the Articles, By-laws, and this Declaration. The Association shall continue to exist until the Association is dissolved, regardless if the corporate status expires or lapses. The Association shall have such rights, duties and powers as set forth herein and in the Articles and the By-laws.

7 5.2 Boardof Directors. The affairs of the Association shall be conducted by the Board and such officers as the Board may elect or appoint, in accordance with the Articles and the Bylaws. The Board shall have the powers granted in this Declaration, the Articles, the By-laws, and all powers provided by Texas law and all powers reasonably implied to perform its obligations and/or duties provided herein.

5.3. _ Limitation on Liability. The liability of an officer, director or committee member of the Association shall be limited as provided in the Articles.

5.4 _ Indemnification. Subject to the limitations and requirements of the Te: Organizations Code, as amended, and in the By-laws, the Association shall indemy director, and committee member against all damages and expenses, including attorneys' fees, reasonably incurred in connection with any threatened, initiated committee member, except that such obligation to indemnify s which a director's, officer's or committee member's liability is limip subject to the limitations and requirements of the Texas Business and in the By-laws, the Association may voluntarily indemnify trustee, agent or attorney of the Association, again y liabil that capacity and arising out of that capacity.

5.5 Insurance.

5g p ftion, acting through its Board or its duly

at capacity and arising out of that capacity.

5.5 Insurance.

5g p ftion, acting through its Board or its duly (i) ance — Common Area. Blanket property insurance covering loss a “special form" basis (or comparable coverage by whatever ie ated) for all insurable improvements on the Common Area and withi gn Maintenance Areas to the extent that the Association has assumed ¥esp in the event of a casualty, regardless of ownership.

General Liability Insurance. Commercial general liability insurance ye Coninon Maintenance Areas, insuring the Association and its Members for ihjury caused by the negligence of the Association or any of its Members, eS, agents, or contractors while acting on its behalf.

Additional Insurance. The Board may obtain additional insurance as the B determines advisable, including, without limitation, directors and officers liability i nce, fidelity insurance and any insurance to comply with any applicable insurance irements of any federal agency or secondary mortgage market entity, including, without limitation, the Federal Home Loan Mortgage Corporation (“FHLMC”), the Federal National Mortgage Association ("FNMA"), the U. S. Department of Veterans Affairs ("VA"), and the U.S. Department of Housing and Urban Development ("HUD"), to the extent applicable, In determining whether to obtain additional insurance and/or endorsements thereto that are discretionary the Board shall use its own business judgment to determine if such insurance and/or endorsement is advisable based on the cost and availability of the insurance and/or the endorsement compared to the risks associated therewith.

8

e based on the cost and availability of the insurance and/or the endorsement compared to the risks associated therewith.

8 c. Review of Policies. The Board shall periodically review the types and amounts of insurance coverage for sufficiency.

5.6 Contracts; Management and Maintenance. The Association shall have the right to contract with any person or entity for the performance of various duties and functions. This right shall include, without limitation, the right to enter into management, operational, or other agreements with other persons or entities; provided, any such agreement shall require approval of the Board.

The Board may employ for the Association a management agent or agents at such compen: sation as the Board may establish, to perform such duties and services as the Board shail au 2 By-laws.

5.8 Dissolution of Association; Conveyance of . If ociation is dissolved other than incident to a merger or consolidation, the as th | and personal of the Association, shall be conveyed as provided in the A 5.9 Enforcement— Notice. The Associati Declaration (including any rules, guidelines or stahde accordance with and subject to the appli able edures se i and applicable law, including Chapter 209 v¢the Tq Property Code, as amended. Specifically, written notice and opportunity for a hearin g trust be. given prior to the Association exercising its eS Dy this Declaration, the By-laws and applicable law, ( 5, aS amended. Such sanctions may include all nd gil remedies herein, including, without limitation, the including Chapter 209 of the T. pxgs remedies available at law and/ constitute a lien ui nub n tte Owner of the Lot related to or connected with the alleged violation.

cluding, without limitation, the including Chapter 209 of the T. pxgs remedies available at law and/ constitute a lien ui nub n tte Owner of the Lot related to or connected with the alleged violation.

liable for the actions of any occupant, guest, or invitee of the Owner of such Lot.

pension of Voting Rights. The Association may suspend an Owner's Suspension of Rights to Use Common Area. The Association may SU id any person's or entity's right to use any Common Area; provided, however, nothing h shal! authorize the Association to limit ingress or egress to or from a Lot...

d. Right of Self-Help. The Association may exercise self-help or take action to _ enter upon the Lot to abate any violation of this Declaration; e. Right to Require Removal. The Association may require an Owner, at the Owner's expense, to remove any structure or improvement on such Owner's Lot in violation of this Declaration and to restore the Lot to its previous condition and, upon failure of the Owner to do so, the Association or its designee shall have the right to enter the Lot, remove 9 the violation, and restore the property to substantially the same condition as previously existed, without such action being deemed a trespass.

f. Levy Specific Assessment. The Association may levy a specific assessment to cover costs incurred by the Association in bringing a Lot into compliance with this Declaration.

g. Lawsuit; Injunction or Damages. The Association has the right, bu obligation, to bring a suit at law or in equity to enjoin any violation or to recov damages, or both.

h. Perform Maintenance. In addition to any other enforceft Owner fails to perform properly such Owner's maintenance responsibil

t law or in equity to enjoin any violation or to recov damages, or both.

h. Perform Maintenance. In addition to any other enforceft Owner fails to perform properly such Owner's maintenance responsibil Lot and/or Dwelling, the Association may record a notice of violation i enter the Lot and perform such maintenance responsibilities an and apse the Association against the Lot and the Owner as a spe Seg The decision to pursue enforcement action, i proceedings, in any particular case shall be left to t discretion, except that the Association sh ot be ‘acbitran/ or capricious in taking enforcement action. Without limiting the lity of the foregoing sentence, the Association may determine that, under the tances of a particular case: (i) the Association's position is not strong enoug covenant, restriction, or rule being 6r based upon haicietio gm Such a decision shall# ARTICLE VI SRCHITECTURAL CONTROLS int. No building, fence, wall, outbuilding, landscaping, pool, detached equipment or facility, structure or improvement will be erected, altered, repaired by Deciarant or a Builder designated in writing by Declarant to be exempt . ‘approval requirements; (ii) any improvements to the interior of a Dwelling, except as.

ed hefein; (iii) the painting or re-bricking of the exterior of any Owelling in accordance with the same color or design as originally constructed by Declarant or in accordance with the approved color and design scheme approved by the ACA; (iv) improvements for which the Declaration expressly states that the ACA's prior approval is not required; or (v) repair or replacement of wom out or damaged improvements if such repair or replacement is with substantially similar materials.

n expressly states that the ACA's prior approval is not required; or (v) repair or replacement of wom out or damaged improvements if such repair or replacement is with substantially similar materials.

Any improvements pursuant to clauses (iii) and (v) immediately preceding must be in compliance with any applicable ACA Standards. Declarant hereby designates that Pulte Homes of Texas, L-P., a Texas limited partnership ("Pulte"), is exempt from the ACA approval requirements described above.

10 6.2 Architectural Control Authority. The ACA shall have the sole and exclusive authority to perform the functions contemplated by the ACA in this Declaration. The purpose of the ACA Is to enforce the architectural standards of the Property and to approve or disapprove plans for improvements proposed for the Lots. The ACA will have the authority to delegate its duties or to retain the services of a professional engineer, management company, architect, designer, inspector or other person to assist in the performance of its duties. The cost of such services shall be included in the Common Expenses. The "ACA" or “Architectural Control Authority” shall be the i entity: a. Declarant - During Development Period. The Declarant during the Development Period, unless the Declarant in writing has term the ACA.

b. Architectural Committee - After the Devi Architectural Committee shall be the ACA after the Dela 3 either expired or voluntarily been terminated.

are S ths ACA has 6.3 Architectural Committee. A committee tO be. knewA as the “Architectural Committee” consisting of a minimum of 3 members will ed after the Declarant's right as

ly been terminated.

are S ths ACA has 6.3 Architectural Committee. A committee tO be. knewA as the “Architectural Committee” consisting of a minimum of 3 members will ed after the Declarant's right as the ACA has terminated. The members of the Architectura Committee will be appointed, terminated and/or replaced by the Board. The Architectural 2 will act by simple majority vote.

6.4 Submission of Plans. Prior, 2 construction of any work required to Se 4 pf the Owner (excluding Declarant and any Builder designated in writing to be exemptfram.ths ACA-approval requirements as provided herein) BigteS¢ plans and specifications for the proposed 6 plans, exterior elevations, specifications of materials er’deemed necessary by the ACA for the performance of the identity of the individual or company intended to and exterior colors, and any otf rast and completion dates.

its function. In addition, er-documents and materials submitted pursuant to Section 6.4 herein. No ante or request for approval will be deemed to have been received until all ments have actually been received by the ACA in form satisfactory to the e ACA requests additional information and the applicant fails to provide such equired to re-apply if the applicant still desires to have the ACA consider the request. If the ACA fails to issue its written approval within 30 days after the ACA's receipt of all materials requested by the ACA to complete the submission, then such failure by the ACA to issue its written approval shall be deemed disapproved. The ACA may charge a reasonable fee for reviewing requests for approval.

b. Approval Considerations - Aesthetics. The proposed improvements will be approved if, in the sole opinion of the ACA: (i) the improvements will be of an architectural

eviewing requests for approval.

b. Approval Considerations - Aesthetics. The proposed improvements will be approved if, in the sole opinion of the ACA: (i) the improvements will be of an architectural style, quality, color and material that are aesthetically compatible with the improvements 4 within the Property; (ii) the improvements will not violate any term herein or in the ACA Standards; and (iii) the improvements will not have an adverse impact on the Property.

Decisions of the ACA may be based on purely aesthetic considerations. The ACA shall have the authority to make final, conclusive and binding determinations on matters of aesthetic judgment and such determination shall not be subject to review so long as the determination is made in good faith and in accordance with the procedures set forth herein.

Each Owner acknowledges that opinions on aesthetic matters are subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements an the ACA and their members change over time.

6.6 Timing of Completion of Approved items. All work approved by fi completed within one year after the approval by the ACA or such shorter period thé ake 8 proper precantions to the Lot to (i) drain onto provement or alteration, ona Lot and/or any alterations to the grade of a yard, the Ov insure that such improvements do not cause the surface wate an adjoining Lot in an amount more than the drainageamount p the approval of plans because of the impact of the propdsedNmprovements or alterations on surface Jal sh constitute or be construed as a ater drainage problems will not occur ASible for taking the necessary actions in cluding, without limitation, engaging the

Nmprovements or alterations on surface Jal sh constitute or be construed as a ater drainage problems will not occur ASible for taking the necessary actions in cluding, without limitation, engaging the representation, warranty or guaranty that av and shall not be relied upon as such. The © order to avoid any surface water drainage 6.8 No Waiver.

any work done or propose Declaration, shall not be similar plan, drawing spe 8 ACA of any plans, drawings or specifications for fherMaitter requiring the approval of the ACA under this stitute a waiver of any right to withhold approval of any atter subsequently submitted for approval.

CA may authorize variances from strict compliance with the A’Standards or any required procedures: (i) in narrow circumstances tent of the provision from which variance is sought and where granting shaneé design innovation and excellence; or (ii) when circumstances such as pstructions, hardship, or aesthetic or environmental considerations so require.

iS\Section 6.9, the inability to obtain approval of any govemmmental agency, the it, or the terms of any financing as the sole or primary reason for requesting a 6.10 Architectural Control Authority Standards. The ACA may, from time to time and in its sole and absolute discretion, adopt, amend and repeal, by unanimous vote or written consent, ACA Standards. The ACA Standards may not conflict with the terms of this Declaration.

6.11 Enforcement; Non-Conforming and Unapproved improvements. ff there are any significant or material deviations from the approved plans in the completed improvements, as determined by the ACA, in their sole and absolute discretion, such improvements will be in violation 12

d improvements, as determined by the ACA, in their sole and absolute discretion, such improvements will be in violation 12 of this Article VI to the same extent as if made without prior approval of the ACA. In addition to the Association's rights in Section 5.9 herein, the Association or any Owner may maintain an action at law or in equity for the removal or correction of (i) the non-conforming improvement or alteration, and/or (ii) any improvement or alternation to any improvement on any Lot that is not approved by the ACA.

6.12 Limitation of Liability. Neither the Declarant, the Association, the Board, nor the avn shall bear any pep. for ensuring the structural a or soundness of aphrave Board, the ACA nor any member of the foropying shall be held liable for any injury, Z arising out of the manner or quality of approved construction on or modification provided in Section 5.4 herein.

ARTICLE Vil USE RESTRICTIONS AND COVE Lot and/or Dwelling, except that an Owner of the Dwe Dwelling so long as: (i) the existence or operatio gn ay conduct business activities within the cs activity is not apparent or alling: i : alt zoning requirements for the Property; {i the D shen: gctivity does not involve unreasonable visitation to or from the Dwelling by clients, afsi{ suppliers’ the business activity is ancillary to the re idantiat dee 0 the Dwelling and does not diminish the residential character of the Property or Consiitute a nuisance, or a hazardous or offensive use, or threatens the security or safety ofthe ofhe ents in the Property. The determination of whether a business activity satisfies theYorte’ quirements set forth in clauses (i) through (iv) above in

use, or threatens the security or safety ofthe ofhe ents in the Property. The determination of whether a business activity satisfies theYorte’ quirements set forth in clauses (i) through (iv) above in this Section 7.1 shall be made e\Board‘in their sole and absolute discretion. The business activity prohibition will nofag epy Declarant or any Builder (i) of any Dwelling as a model home, construction office andforeales of i : salesffice trailer and/or parking lot; any of which uses may be for the benefit of real prope ad by Declarant or any Builder located within or outside of the Viotor Vehicles. No vehicles or similar equipment will be parked or a\visibie from any street within the Property, except passenger automobiles, engér vans and pick-up trucks may be parked in any garage or driveway if such s than 1 ton carrying capacity, (ii) has less than 3 axtes; (ili) is in operating is generally in daily use as a motor vehicle on the streets and highways of the axas. No vehicles, trailers, implements or apparatus may be driven or parked in the Areas, the Common Maintenance Areas or on any easement unless such vehicle, trailer, implemént or apparatus is in use for maintaining such area or easement, provided, however, that this restriction will not apply to any driveways, roads, parking lots or other areas designated by the Board as intended for such vehicular use. No abandoned, derelict or inoperable vehicles may be stored or located on any Lot or a street within the Property, except within an enclosed garage. No dismantling or assembling of motor vehicles, boats, trailers, recreational vehicles, or other machinery or equipment will be permitted in any driveway or portions of any Lot that are visible from any street within the Property.

13

otor vehicles, boats, trailers, recreational vehicles, or other machinery or equipment will be permitted in any driveway or portions of any Lot that are visible from any street within the Property.

13 7.3 Trailers, Boats, Commercial and Recreational Vehicles. No campers, boats, trailers, motor homes, travel trailers, camper bodies, golf carts, recreational vehicles, non-passenger vehicles, vehicles with 3 or more axles or greater than 1 ton carrying capacity, and/or equipment or accessories related thereto may be kept on any Lot, unless such item is operable and such item is (i) kept fully enclosed within a garage located on such Lot; (ii) kept fully screened from view by a screening structure or fencing approved by the ACA; (iii) temporarily parked on any street within the Property or on a Lot for the purpose of loading or unloading; or (iv) a commercial vehicle tha use for the construction, maintenance or repair of a Dwelling or Lot in the immediate vicini Upon an adverse determination by the Board, the Owner will cause the item to be sé otherwise brought into compliance with this Section 7.3. Notwithstanding any pre trucks or vehicles of any size which transport inflammatory or explosive cargo ma Property at any time.

7.4 Fences.

a. Required Fencing. The backyard of Lot musfibe fully enclosed with a perimeter fence.

b. Type of Fencing. All perimetér férces will be wood, brick and/or masonry.

No other type of fencing shall be city requ Al c AcING shall comply in all respects (including perimeter fences shall be six feet ip anes er height is approved by the ACA and shall be a color approved by the4 stained or painted, except that fence be stained with a clear stain or with the same

g perimeter fences shall be six feet ip anes er height is approved by the ACA and shall be a color approved by the4 stained or painted, except that fence be stained with a clear stain or with the same color stain as originally applied ant. The portion of ail fences which exterior or side faces a street adjoipte nx 's Lot (front, side or rear streets, but not alleys) or which exterior or side fapés’e Area, open space, park or other recreational area adjoining such Owne h-afea may be separated by an alley) shall have the smooth surface : e mate als facing the applicable street or Common Area. The fence posts and bracidg boards oh such front, side and rear fences shall face the interior of the fenced yard.

on of Fence. UNLESS APPROVED BY THE CITY AND THE ACA, no a placed (i) on any Lot in a location nearer the street than the front ack line’ for such Lot, or (ii) on those certain corner Lots whose rear boundary any portion of another Lot's front yard of a Lot behind the comer Lot, in a arto the front building setback line for the street that is in front of the adjoining @ foyegoing shall not limit or restrict fences erected in conjunction with model homes fices. In addition to the foregoing, easements may also restrict the placement of d. Maintenance of Fencing. Except with respect to subdivision fencing described in Section 9.7 below, each Owner shall maintain the portion of fencing on such Owner's Lot in a presentable condition and shall make all repairs and replacements thereto (as deemed necessary by the Board, in its sole and absolute discretion), except that Owners adjoining a Common Fence (as provided in Section7.4.f) herein shall share in the cost of such maintenance as provided in Section 7.4.f herein. The Association shall be responsible

, except that Owners adjoining a Common Fence (as provided in Section7.4.f) herein shall share in the cost of such maintenance as provided in Section 7.4.f herein. The Association shall be responsible to maintain the subdivision fencing described in Section 9.7 below.

14 e. No Changes / Repairs. All repairs and replacements to the perimeter fencing must be done using the same type and color of materials so that such fencing does not appear to have been repaired or replaced, except to the extent of the new appearance of the repaired or replaced materials. Except as provided in this Section 7.4.e, no fencing (including, without limitation, the subdivision fencing described in Section 9.7 below) may be changed or modified without the prior written consent of the ACA. This includes the prohibition against changing the height of the fencing and the fencing materials.

f. Common Fencing. Except for the subdivision fencing described.in Section 9.7 below, side and rear yard fences that are installed by Declarant or the béi dere!

Dwelling to separate adjacent Lots as a common boundary fence (the "C mn Fe shall be maintained jointly by the Owners whose Lot adjoins such Com costs associated therewith shall be shared equally by said Owners.

the ACA's approval is obtained. If the Owners disagreerége Ag, cost or other applicable issue related to the repair or replacement off pre nce6r portion thereof, then either Owner may (i) make the repair or replace ad any applicable ACA approval is obtained) and seek collection of one- at replacement at Arbitration (as defined herein)ys Owners.

7.5 Common Retaining Wall. OO a. Mainte: ance etaining Wall. Any retaining walls that are

approval is obtained) and seek collection of one- at replacement at Arbitration (as defined herein)ys Owners.

7.5 Common Retaining Wall. OO a. Mainte: ance etaining Wall. Any retaining walls that are indary of two Lots or that are located on a Lot, but 36 y parallel with another Lot (a “Common Retaining intly by the Owner(s) whose Lot the Common Retaining Wall is ot is adjacent to the Common Retaining Wall (depending ine costs associated therewith shall be shared equally by said seleased from the joint maintenance obligation unless the other g t6 such release. The Common Retaining Wall shall be maintained in size, style and design and with the same materials, unless both Owners erwise and the ACA's approval is obtained. if the Owners disagree ing, cost or other applicable issue related to the repair or replacement of a b. Easement for Common Retaining Wall. Common Retaining Walls may not be located exactly on the common boundary line between two Lots. Therefore, there is hereby created an easement in and on the Lot where the Common Retaining Wall is actually located. The easement area shall be limited to the area that is within 3 feet of the common boundary line. The easement shall be for the benefit of the Owner of the Lot that adjoins the Common Retaining Wall so that such Owner can maintain the Common Retaining Wall as provided in Section 7.5.a.

15 7.6 Outbuildings, Sheds and Detached Buildings. No detached accessory buildings, including, but not limited to, detached garages and storage buildings, and sheds shall be erected, placed or constructed upon any Lot, unless (i) the building is APPROVED BY THE ACA prior to the

ings, including, but not limited to, detached garages and storage buildings, and sheds shall be erected, placed or constructed upon any Lot, unless (i) the building is APPROVED BY THE ACA prior to the installation or construction of the building; (ii) such building is compatible with the Dwelling to which it is appurtenant in terms of its design and material composition; (iii) the exterior paint and roofing materials of such building shall be consistent with the existing paint and roofing materials Q Dwelling; (iv) the building is located within a backyard that has a fence that completely enclog backyard; (v) the height of the walls (excluding the roof) is not greater than 8 feet; (vi) the fata of the building (including walls and roof) is not greater than 10 feet; and (vii) the building fis requirements, including, without limitation, any necessary permits.

7.7. Animals. No animals, livestock or poultry of any kind will be fon i any Lot, except that a reasonable number of cats, dogs or other gene Z pets may be permitted on any Lot; however, those pets which aré permitt sole discretion of the Board, make objectionable noise, epda 36 “orn the removed from the Lot upon the request of the Board. If the aniahqwner falls to remove the animal from the Lot after the Board's request, the Board ng al, in addition to imposing such other sanctions as are authorized by the Decla nd the ‘By- 2 WS. All animals will be kept in strict accordance with all local laws and ordinances {i all rules established by the Association. All pe 3 Maintenance Areas shail be responsible fonim bdia eMdving any solid waste of said animal.

C af emblem of any kind, including “for rent" signs, may be kept or placed upon any Lotor# , painted or attached to any Dwelling, fence or

esponsible fonim bdia eMdving any solid waste of said animal.

C af emblem of any kind, including “for rent" signs, may be kept or placed upon any Lotor# , painted or attached to any Dwelling, fence or other improvement upon such kos ¢ Vi i Owner may erect one (1) Signy sing the Dwelling for sale, provided that the sign does not exceed two (2) feet by t size; (ii) an Owner may temporarily place one (1) sign on a Lot advertising the “open PF Dy piling for sale, provided that the sign does not exceed two (2) feet by three (3) feet i a e sid ili e (4) sign’on the inside of a window advertising a Dwelling "for rent”, provided that the signdoe exgeed one and one-half (1 1/2) feet by one and one-half (1 1/2) feet advertiSing a "garage sale", provided that the sign does not exceed two (2) feet Be ze and the sign may only be displayed during the garage sale hours; or (vi) a may be-érected upon a Lot by the Owner of such Lot advocating the election of one or andidates or the sponsorship of a political party, issue or proposal provided that such provided that such additional restrictions or limitations do not conflict with the terms herein. The Association will have the right to remove any sign, billboard or other advertising structure that does not comply with the foregoing. Removal shall not subject the Association to any liability in connection with such removal. Declarant hereby designates that Pulte has the right to erect signs or billboards as described above.

7.9 Trash; Containers and Collection. No garbage or trash shall be placed or kept on any Lot, except in covered sanitary containers. In no event shall such containers be stored, kept, 16

be placed or kept on any Lot, except in covered sanitary containers. In no event shall such containers be stored, kept, 16 placed or maintained on any Lot where visible from the location on the street that is immediately in the front of the Dwelling except solely on a day designated for removal of garbage, then such containers may be placed in the designated location for pick-up of such garbage and the container will be removed from view before the following day. Materials incident to construction of improvements may be stored on Lots during construction by Declarant or any Builder designated by Declarant. Declarant hereby designates that Pulte may store materials incident to construction of improvements on Lots during construction by Pulte as described above.

7.10 Nuisances. No noxious or offensive activity, including, witho unreasonable smells, noise or aesthetics, will be carried on upon any Lot, nor will anything thereon which the Board determines, in its sole and absolute discretion, is or » B unreasonable source of annoyance or nuisance to the Property.

or rocoption of television, radio, satellite or other signals ‘of é exterior of any Dwelling or on any portion of the Lot outside satellite dishes or other apparatuses that are one meter or les receive transmissions other than television broadcast signals sha satellite dishes designed to receive television broadCast si foregoing permitted devices and any other device pér must be located i in an area where such Permitted Devi ied; and (ii) antennas or eg permitted. Any of the ed by the ACA (a "Permitted Device”), ot visible (for aesthetic reasons) from determines that the Permitted Device visibility requirement without precluding

d (ii) antennas or eg permitted. Any of the ed by the ACA (a "Permitted Device”), ot visible (for aesthetic reasons) from determines that the Permitted Device visibility requirement without precluding may install the Permitted Device in the | acceptable quality signal can be obtal provisions regarding the type Devices, provided that such AC do not unreasonably increase thé acCeptable quality signal, then the Owner suaus alternative location on the Lot where an in the ACA Standards may include rules or ittad Devices and/or the placement of Permitted ot conflict with the terms of this Section 7.11 and aste lation, maintenance or use of the Permitted Device.

b provisions of this Section 7.11 and the ACA Standards ea ne Dwelling, on the ground on the side of the Dwelling or such other proved by the ACA. No air-conditioning apparatus or evaporative cooler may No Solar Collectors. Except with. the written permission of the ACA, no solar els or similar devices may be placed on or around any Dwelling.

7.14 No Temporary Structures as a Residence. No structure of a temporary character, including, without limiting the generality thereof, any tent, shack, garage or barn will be used on any Lot at any time as a residence, either temporarily or permanently, except that camping outin a tent, that is erected in the back yard behind a fully screened fence, is permitted provided that such activity is on a temporary basis and does not become or constitute a nuisance or unreasonable source of annoyance to the occupants of other Lots as determined by the Board in its sole and absolute 17 discretion. This restriction will not be interpreted to limit the right of Declarant or any Builder to use

and absolute 17 discretion. This restriction will not be interpreted to limit the right of Declarant or any Builder to use trailers or outbuildings as sales offices, selection center offices, construction offices or material storage facilities.

7.15 Sidewalks. The Owner shall be responsible for maintaining any sidewalk located on such Owner's Lot to the extent required by the City.

7.16 Landscaping Maintenance. At least one (1) tree shail be planted in the fro and five (5) bushes prior to occupancy of a Dwelling located on a Lot. All yards must be 8 grassed within a reasonable time period not to exceed seven (7) months after the initial teaveyane of a Lot with a Dwelling thereon to an Owner other than a Builder. Decorative gretind tevé (excluding flower beds and planters with mulch rather than rock) in the front ang é exceed 10% of the total area of the front and side yard. All trees, grass and othe the street) must be properly maintained at all times by the Owne and clean condition, as determined by the Board, in its sole afd é adiscre will keep all shrubs, trees, grass, and ae of ee kind\o his or hef Lot ‘cultivated, pruned, er shajvon a regular basis remove including, without limitation, edging may include any s' approved by the ACA. in no way will any landscaping lied by the Owner of the Lot, impede, hinder, or cause a negative impact for drainage fi e limited to, flower beds, fountains, ponds, wn ga 7.17 Exterior Improvement Maintenanse..7 times be kept in good condition and rep4ir.arid adequately pai or otherwise maintained rt the Owner of such Lot ina presen : sole and absolute discretion st have a garage that will accommodate a minimum of 2

e kept in good condition and rep4ir.arid adequately pai or otherwise maintained rt the Owner of such Lot ina presen : sole and absolute discretion st have a garage that will accommodate a minimum of 2 City requirements. Garages may be used as Declarant's . ermanent occupancy of the main structure; however, sales ayes prior to permanent ined With the exception of periods ars, or similar treatment will be placed on windows or glass doors of a Dwelling.

7.21 Olland Gas Drilling or Mining. No drilling, refining, quarrying or mining operation of oil, gas or other minerals of any kind will be permitted upon or from the surface of any Lot, nor will any oil derrick, well, tank, storage facility or other related equipment be permitted on any Lot. This section shall not prohibit subsurface drilling activities that begin upon and are conducted from the surface of real property not subject to these restrictions.

18 7.22 Mail Boxes. Mailboxes shall be of similar type as originally installed, unless the ACA approves additional types of mail boxes.

7.23 Athletic and Recreational Facilities. No outdoor athletic and recreational facilities such as playscapes, swing sets and sport courts may be placed on a Lot unless (i) such item is placed within a backyard that has a fence that completely encloses the backyard and the location and the item does not exceed 12 feet in height, or (ii) such item is a temporary and movable facility that is stored each night in the garage, the Dwelling or other fully screened area. Notwiths the foregoing, basketball goals and any other recreation equipment designated by the located on any portion of the Lot (including side yards) that is behind any portion of t Dwelling.

d area. Notwiths the foregoing, basketball goals and any other recreation equipment designated by the located on any portion of the Lot (including side yards) that is behind any portion of t Dwelling.

7.24 Lighting; Exterior Holiday Decorations. Lighting and/or decore ce 5 not be used or placed in a manner which, in the Board's sole and absolute discretion, cs decorations that are erected or displayed on a Lot in commer heaton Orcs observed holidays may not be displayed more than six (6) weaksin ad Sick « of edration of publicty that specific holiday 7.25 Flags, Flagpoles, Lawn Decorations.and Sculptures. The Owner must have the approval of the ACA to place any decorations, sculptures, fountains, flags, flagpoles and similar items on any portion of such Owner's Lot except theinter he Dwelling, unless (i) such item is placed within a backyard completely enqidse Which blocks the view of the item at ground level; and (ii) such item is no taller thatine Displays of American patriotism, school pride, and individuality are encouraged within re and decorum; however, to maintain the overall aesthetic character of the community, Ah faligwind restrictions shall govern the display of flags within the community. Perma ey in-Qroundflagpoles are not permitted. Each Homeowner is ' authorized to mount two teg oc permanent flagstaffs on the front, rear or side of their residence by wall bracket. Thea fs sheuld not to exceed six (6) feet in length. The suggested location for such bracke @ garage doorframe or near the garage door. No roofmounted flagstaff is allowe a flag configurations and any flagstaff in excess of six (6) feet ; ? installation or display. The resident may use the flagstaff to as the American or Texas flags; pennants, or banners such as school

a flag configurations and any flagstaff in excess of six (6) feet ; ? installation or display. The resident may use the flagstaff to as the American or Texas flags; pennants, or banners such as school ch flags may contain no more than twenty-four (24) square feet of taste and presentation.

display national ensigris flags or sports tea e BJ AGO nsolidation or Division. No Owner, other than Declarant, may divide any any adjoining Lots and/or any portion thereof.

Drainage Alteration Prohibited. Unless approved by the ACA, no Owner will: face water drainage flows of a Lot as originally established at the time of the initial obstrucf or divert drainage flows established by the Declarant or any Builder. The foregoing shall not prevent or limit the Declarant from performing any grading work and/or changing any surface water drainage flow on any Lot.

7.28 Construction Activities. This Declaration will not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction or remodeling of or making of additions to improvements by an Owner (including Declarant) upon any Lot within the Property. Specifically, no such construction activities wilt be deemed to constitute a 19 nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion with diligence and conforms to usua! construction practices in the area. If construction upon any Lot does not conform to usual practices in the area as determined by the Board in its sole good faith judgment, the Board will have the authority to obtain an injunction to stop

construction upon any Lot does not conform to usual practices in the area as determined by the Board in its sole good faith judgment, the Board will have the authority to obtain an injunction to stop such construction. In addition, if during the course of construction upon any Lot, there is an excessive accumulation of debris of any kind that is offensive or detrimental to the Property or any portion thereof, then the Board may contract for or cause such debris to be removed, and of such Lot will be liable for all expenses incurred in connection therewith.

7.29 Declarant and Builder Development and Construction. Notwiths#andinge provision herein, Declarant, and its successors and assigns, and any Builders‘ ering 5 deemed reasonable by such Builder), will be entitled to conduct on the P normally associated with, and convenient to, the development of the Propef and sale of Dwellings on the Property.

7.30 Dwelling Size; Building Materials. All reside; square feet of enclosed living space, exclusive of porches (op All building materials shall be approved by the ACA, and on used brick) shall be used for construction of any i prohibited. Other roofing materials may be used wi may specify a minimum quality or grade of materials.

structure, including but not limited to chimney f porches, railings and exterior stairways s atch, the-cols the surface from which they project, 6ctive finishes (other than glass, which or shall be of a color approved by the ACA’ No tig hy Je may not be mirrored) : shall be used on esac VY dither than surfaces of hardware fixtures), rior written consent of the ACA, which rojections from a Dwelling or other utters, downspouts, utility boxes, any improvements.

7.31 W of native stone, brick and/or cementitious siding products

ures), rior written consent of the ACA, which rojections from a Dwelling or other utters, downspouts, utility boxes, any improvements.

7.31 W of native stone, brick and/or cementitious siding products 6 a 90% masonry veneer, exclusive of roofs, eaves, soffits, garage doors and trim work.

wo“Story Dwellings. The front exterior wall of all two-story Dwellings shall ed of a combination of native stone, brick and/or cementitious siding products ely, comprise a 90% masonry veneer, exclusive of roofs, eaves, soffits, st fldor of all two-story Dwellings shall be constructed of a combination of native stone, and/or cementitious siding products which, collectively, comprise a 90% masonry er, exclusive of roofs, eaves, soffits, windows, doors, gables, garage doors, trim and decorative work.

7.32 Owner’s Obligation to Rebuild. If all or any portion of a residence is damaged or destroyed by fire or other casualty, it will be the duty of the Owner thereof, with all due diligence, to rebuild, repair, or reconstruct such residence in a manner which will substantially restore it to its appearance and condition immediately prior to the casualty or in a manner consistent with building plans approved by the ACA. Reconstruction must be undertaken within six (6) months after the damage occurs, and must be completed within twelve (12) months after the damage occurs, unless 20 prevented by causes beyond the control of such Owner. The ACA will approve all plans for repair or reconstruction.

ARTICLE Vill COMMON AREAS 8.1. Association to Hold and Maintain. The Association will own all Common Argas in fee simple title. The Association shall maintain, at the Association's cost, the Common Area\g

CLE Vill COMMON AREAS 8.1. Association to Hold and Maintain. The Association will own all Common Argas in fee simple title. The Association shall maintain, at the Association's cost, the Common Area\g any improvements and landscaping thereon in good repair. The Association shall also mai Common Maintenance Areas, at the Association's cost, to the extent the Board deterr such maintenance is desirable. The costs of such maintenance for the Co Y Common Maintenance Areas shall be the Association's responsibility, regardless i incurred during the Development Period.

committees, Declarant, and any Builder are not insurers of parsonal safety and that each person using the Common Area assumes all risks of personal inj ss or damage to property, resulting from the use and enjoyment of any recreatia facility or other portion of the Common Area.

8.3. Condemnation of Com oh, Are thereof of all or any portion of the Commo payable to the Association and will be use business judgment, including, without lintite that which has been condemneg E improvements that were on co As payable with respect thereto will be a. Association as the Board determines, in its urchase additional Common Areas to replace ctor replace on the remaining Common Area any Area, (iii) to pay for Common Expenses, or (iv) to arid if there are insurance proceeds sufficient to repair such bn the Association shall cause such damage to be repaired or s\a 67% or greater vote of all outstanding votes entitled to be cast within O repair or reconstruct. if said 67% vote is cast not to repair or age.afid no alternative improvements are authorized, the damaged property debris and ruins and thereafter shall be maintained by the Association in a g Conveyance of Common Areas by Declarant to Association. Declarant shall

improvements are authorized, the damaged property debris and ruins and thereafter shall be maintained by the Association in a g Conveyance of Common Areas by Declarant to Association. Declarant shall have the right to convey title to any portion of the Property owned by Declarant, or any easement interest therein, to the Association as Common Area, and the Association shall be required to accept such conveyance. Property conveyed by Declarant to the Association as Common Area shall be conveyed free and clear of monetary liens and encumbrances other than taxes and assessments imposed by governmental entities or districts authorized by Texas law. Any such conveyance shall be effective upon recording the deed or instrument of conveyance in the Records.

21 8.6 Annual Inspection of Common Area - Budget. From the period commencing at the expiration of the Development Period until 10 years thereafter, the Association shall at least annually examine the condition of the Common Area to evaluate the quality, frequency, and adequacy of maintenance performed during the preceding year, and to recommend maintenance for the upcoming year. The examination and report may be performed by one or more experts hired by the Association for this purpose, such as a professional property manager, an engineer, or professional contractors such as landscapers and brick masons. Within 15 days after perfg i Common Area (the "Water/Drainage Improvements") are inte and are not intended as a recreational feature or an amenity ‘ Declarant makes no representations or warranties regdi THE ASSOCIATION HEREBY Y AGREES T, IN THEIR "AS-IS" CONDITION. © 8.8 No Representations ¢ informed the Association that 4: i

ture or an amenity ‘ Declarant makes no representations or warranties regdi THE ASSOCIATION HEREBY Y AGREES T, IN THEIR "AS-IS" CONDITION. © 8.8 No Representations ¢ informed the Association that 4: i hereto (the "Open Space Arez é primarily as open space, @ Common Area described on Exhibit "E" attached proved with certain recreational features, but is intended airy in a natural or semi-natural condition and not as a W a drainage easement area. Declarant makes no bs fagarding the ‘Oper Space Area and Declarant hereby disclaims any a arranties regarding the Open Space Area, including, without limitation, ike-e¢ nstruction. THE ASSOCIATION HEREBY AGREES TO ACCEPT THE ITS "AS-IS" CONDITION.

ARTICLE IX EASEMENTS Easement for Utilities on Common Area. During the Development Period, the Declarant, on behalf of itself, reserves the right to grant perpetual, nonexclusive easements for the benefit of Declarant or its designees, upon, across, over, through and under any portion of the Common Area for the construction, installation, use and maintenance for utilities, including, without limitation, water, sewer, electric, cable television, telephone, natural gas and storm water and drainage related structures and improvements. The Association will also have the right to grant the easements described in this Section 9.1.

22 9.2 Easement to Correct Drainage on Property. For a period of 5 years after the Development Period, Declarant hereby reserves for the benefit of Declarant and any Builder, a bianket easement on, over and under the ground within the Property (excluding the area where the Dwelling is located) to maintain and correct drainage of surface waters and other erosion controls in

a bianket easement on, over and under the ground within the Property (excluding the area where the Dwelling is located) to maintain and correct drainage of surface waters and other erosion controls in order to maintain reasonable standards of health, safety and appearance, and will be entitled to remove trees or vegetation, without liability for replacement or damages, as may be necessary to provide adequate drainage facilities. Notwithstanding the foregoing, nothing herein yill be interpreted to impose any duty upon Declarant or any Builder to correct or maintain any d facilities within the Property. Any damage to a Lot caused by or due to the exercise of drainage easement rights, shall be promptly repaired by the party exercising such egsé after completing its construction activities in the damaged area.

9.3 Easement for Right to Enter Lot. if the Owner fails to maintai herein, or in the event of emergency, the Association will have the right/(9-¢ make emergency repairs and to do other work reasonably necessz and operation of the Property. Entry upon the Lot as provided here and the Association will not be liable for any damage so creaté the Association's willful misconduct or gross negligence.

9.4. Easement for Right to Enter and In: after the date of the expiration of the Development Pe obligation, to enter upon the Common Area for purpose Area and/or any improvements thereon at Declare contained herein shall obligate Declarant¢ma Arda. For a period of 10 years terant shall have the right, but not the specting and repairing the Common »Construction. All Lots will be subject to an ine Declarant, its employees, subcontractors, @ front, side and rear yards of the Lots as may be epvicing and completion of Dwellings and landscaping

mmon »Construction. All Lots will be subject to an ine Declarant, its employees, subcontractors, @ front, side and rear yards of the Lots as may be epvicing and completion of Dwellings and landscaping asément will terminate as to any Lot 24 months after the erother than a Builder. Any damage to a Lot caused by Declarant due to exercis6 of the farégoing completion easement rights, shall be promptly repaired by the party exercising sith easement rights after completing its construction activities in the damaged area.

expedient or necessary for the upon adjacent Lots, provis ot \eelardnt and the Association for the purpose i leona constructing and g fhe E igns, subdivision fencing described in Section 9.7 below, and landscaping ithiongn a Lot. The real property subject to the Association Essement shallbe conencs Ne Agsdciation Easement.

Subdivision Fencing Easement. Declarant hereby reserves the easement Exhibit "C" attached hereto for the benefit of the Declarant and the Association for the purpose of placing, con: constructing and maintaining the subdivision fencing located within or on a Lot described in Exhibit."C". The Lots described in Exhibit "C" shall be mealies subject to such easement.

9.8 Easement to Maintain Common Areas. All Lots will be subject to an easement of ingress and egress for the benefit of the Association and its employees, subcontractors, successors, and assigns, over and upon the front, side and rear yards of the Lots as may be reasonably necessary for the repair, maintenance and improvement of the Common Areas.

23 ARTICLE X ANNEXATION AND WITHDRAWAL 10.1 Annexation by Declarant. While Declarant owns any real property subject to this

3 ARTICLE X ANNEXATION AND WITHDRAWAL 10.1 Annexation by Declarant. While Declarant owns any real property subject to this Declaration, Declarant may, at its sole option, amend and expand the definition of Property by annexing real property into the Association and subjecting such real property to the terms provided; however, Declarant shail not have the right to annex real property that is loca than 1/2 of a mile from the Property (as such term may be amended), without a vote as, Section 10.2 below.

10.2 Annexation by Association. The Association may annex any rea Association and subject such real property to the terms hereof by an affi ive greater of all outstanding votes that are entitled to be cast.

10.3 Recording of Annexation. The annexation of sd by a written Recorded document.

10.4 No Duty to Annex. Nothing herein contained abijs on the part of the Declarant or any Member to annex ahyyeal property,.arid no owner of any property have such property annexed thereto.

10.5 Withdrawal of Property. While Declarantqwns any real property subject to this a Recorded plat from the definition of the Property’ provided that the owner of real property om the coverage of this Declaration, consents to such withdrawal.

LE Xi except Exempt Claims as defined below, and including without limitation: (i) Claims ging out of or relating to the interpretation, application or enforcement of the Documents; ii¥Qjaims relating to the rights and/or duties of Declarant as Declarant under the ecuments; and (iii) Claims relating to the design, construction or maintenance of the Property.

ent of the Documents; ii¥Qjaims relating to the rights and/or duties of Declarant as Declarant under the ecuments; and (iii) Claims relating to the design, construction or maintenance of the Property.

b. "Claimant" means any Party having a Claim against any other Party.

Cc. “Exempt Claims" means the following claims or actions, which are exempt from this Article: (i) the Association's claim for assessments, and any action by the Association to collect assessments; (ii) an action by a Party to obtain a temporary restraining order or equivalent emergency equitable relief, and such other ancillary relief as the court 24 deems necessary to maintain the status quo and preserve the Party's ability to enforce the provisions of this Declaration; (iii) enforcement of the easements, architectural control, maintenance, and use restrictions of this Declaration; (iv) a suit to which an applicable statute of limitations would expire within the notice period of this Article, unless a Party against whom the Claim is made agrees to toll the statute of limitations as to the Claim for the period reasonably necessary to comply with this Article; and (v) a dispute that is subject to alternate dispute resolution - such as mediation or arbitration - by the terms of a pubjic law or another instrument, such as a contract or warranty agreement, in which case the disp is exempt from this Article, unless the Parties agree to have the dispute governs: Article.

d. “Respondent” means the Party against whom the Claimé 11.2 Mandatory Procedures. Claimant may not file suit I in proceeding before any administrative tribunal Se. redress stating plainly and concisely: (1) the nature of the Claim, inc’ a

whom the Claimé 11.2 Mandatory Procedures. Claimant may not file suit I in proceeding before any administrative tribunal Se. redress stating plainly and concisely: (1) the nature of the Claim, inc’ a involved, and Respondent's role in the Claim; (2) the’besis of thre.Clainy(i.e., the provision of the Declaration, By-laws or Articles other authority out o' n the Claim arises); (3) what Claimant wants Respondent to do or not do to resolve the Claim; 4) that the Notice is given pursuant to this Section 11.3.

11.4 Negotiation. Claimant ance iatiesh Within 60 days after Respondent's receipt of ata Mutually-acceptable place and time to discuss apy. INXespondent elects to take corrective action, Claimant will ent's rgpresentatives and agents with full access to the property , and Respondent is released and discharged from any and all liability to t of the Claim.

ssion’to mediation, or within a time deemed reasonable by the mediator, the mediator will issue a notice of termination of the mediation proceedings indicating that the Parties are at an impasse and the date that mediation was terminated. Thereafter, Claimant may file suit or initiate administrative proceedings on the Claim, as appropriate.

11.7 Allocation of Costs. Except as otherwise provided in this Section 11.7, each Party bears all of its own costs incurred prior to and during the proceedings described in ‘the Notice, Negotiation, and Mediation sections above, including its attorneys’ fees. Respondent and Claimant will equally divide all expenses and fees charged by the mediator.

25 11.8 Enforcement of Resolution. Any settlement of the Claim through negotiation or

s and fees charged by the mediator.

25 11.8 Enforcement of Resolution. Any settlement of the Claim through negotiation or mediation will be documented in writing and signed by the Parties. If any Party thereafter fails to abide by the terms of the agreement, then the other Party may file suit or initiate administrative proceedings to enforce the agreement without the need to again comply with the procedures set forth in this Article. in that event, the Party taking action to enforce the agreement is entitled to recover from the non-complying Party ail costs incurred in enforcing the agreement, includi without limitation, attorneys fees and court costs.

such approval is required (1) to enforce provisions of this/Dé j eitiding collection of contractor, vendor, or supplier of goods or services to the Association’ (4) to defend claims filed against the Association or to assert counterclaims in aPrgceedinginstitutéd against the Association; or (5) to obtain a temporary restraining order or equivalent emergency equitable relief when circumstances do not provide sufficient time to obtai arior consents of Owners in order to ons of at least 75 percent of the Lots. The Board, on behalf of the Association and Sent of Owners, is hereby authorized to negotiate settlement of litigation, and may,exe any.decument related thereto, such as settlement agreements and waiver or release of ci4ime ction 11.10 may not be amended without the approval of Owners of at least ype le 2 ELLANEOUS al. Unless 90% of all outstanding votes that are entitled 12.1 Declaratic mn - Rérpe

r or release of ci4ime ction 11.10 may not be amended without the approval of Owners of at least ype le 2 ELLANEOUS al. Unless 90% of all outstanding votes that are entitled 12.1 Declaratic mn - Rérpe ination of this Declaration, the provisions of this Declaration shall run to be cast approve theterminz with and bind the la fofand all be and remain in effect perpetually to the extent permitted bylaw. A written instru arminating this Declaration shall not be effective unless Recorded.

2: nts to Declaration.

Amendment by Declarant. While Declarant owns any real property subject is De tion, Declarant, at its sole discretion and without a vote or the consent of any other Pp ve the right to amend this Declaration for the following purposes: (i) to add real pro; the Property, (ii) to withdrawal real property from the Property, (iii) to create lots, easements, common areas, common maintenance areas, fencing and signage, (iv) to modify the use and covenant restrictions in Section Vil herein, (v) to comply with the requirements of any governmental authority or institutional lender or underwriting lender, (vi) to resolve conflicts, clarify ambiguities and to correct misstatements, errors or omissions in this Declaration, and (vii) for any other purpose, provided, that such amendment made pursuant to this clause (vii) has no material adverse effect on any right of an Owner. Notwithstanding anything contained herein to the contrary, So long as Pulte holds a valid contract to purchase Lots within the Property or holds record title to one or more Lots within the Property, Declarant agrees that it shall not modify the Declaration in a 26

s record title to one or more Lots within the Property, Declarant agrees that it shall not modify the Declaration in a 26 manner that materially and adversely impacts such Lots or the Property without the prior written consent of Pulte.

b. Amendment by Association. The Association may amend this Declaration by an affirmative vote of 67% or greater of all outstanding votes entitled to be cast.

c. Amendments to City Permission. Amendments to Section 12.15 require the City’s written consent.

or any Owner fails to some with the terms herein, the Associg and all of the rights and remedies which may be provided fo any rules and regulations, and those which may be available 2 limitation, enforcement of any lien, damages, injunction{ spe of money and collection thereof, or for any combinat remedies herein provided or available at law or in equi 12.5 Notice to Association ofS 3 ar. Any Owner (other than Declarant) desiring to sell or otherwise transfer title to_his er.Lot shall give the Board written notice of the name and address of the artalgr aeh orf ‘ansfe pe, Within 30 days after the date of such transfer of.

title, and such other informationés May reasonably require. With the Board's approval a number of independent fees p wi arged-infelation to the transfer of titte to a Lot, including but not limited to fees for resale\ce estoppel certificates, copies of this Declaration, the Bylaws, and/or Articles, compllaice inspactisns, ownership record changes, and priority processing, Stome anno nt, kind, and number for the local marketplace. Transferidfnay not be regarded as a prepayment of or credit against pansfer-related fees do not apply to the following transfers unless

ng, Stome anno nt, kind, and number for the local marketplace. Transferidfnay not be regarded as a prepayment of or credit against pansfer-related fees do not apply to the following transfers unless Or more co-owners, or to the owner's spouse, child, or parent. Transferarged by the Association or by the Association’ s managing agent, provided e hot Sena by the Association. This Section 12.5 does not a Dlhoate the board or the 3 Ipvy transfer-related fees.

2.6 Limitation on Interest. All agreements between any Owner and the Association and/or Declarant are expressly limited so that the amount of interest charged, collected, or received on account of such agreement shall never exceed the maximum amount permitted by applicable law. If, under any circumstances, fulfillment of any provision of this Declaration or of any other document requires exceeding the lawful maximum interest rates, then, ipso facto, the obligation shall be reduced to comply with such lawful limits. If an amount received by the Association and/or Declarant should be deemed to be excessive interest, then the amount of such excess shall be applied to reduce the unpaid principal and not to the payment of interest. If such excessive interest 27 exceeds the unpaid balance due to the Association and/or Declarant, then such excess shall be refunded to Owner.

12.7 Construction and Interpretation. This Declaration shail be liberally construed and interpreted to give effect to its purposes and intent, except as otherwise required by law.

12.8 Notices. Except as otherwise provided in the By-laws or this Declaration, all notices, demands, bills, statements and other communications under this Declaration shall be in writingand

ed by law.

12.8 Notices. Except as otherwise provided in the By-laws or this Declaration, all notices, demands, bills, statements and other communications under this Declaration shall be in writingand shall be given personally or by mail. Notices that are mailed shall be deemed to have*bee given three (3) days after deposit, unless such mail service can prove receipt at an_éaxie Owners shall maintain one mailing address for a Lot, which address shall pe d Association for mailing of notices, statements and demands. If an Owner fails toffa mailing address for a Lot with the Association, then the address of that Owne waiver of notice of a meeting, either before or after a meeting, equivalent of proper notice 12.9 Not a Condominium. This docu loes nota : condominium within the meaning of the Texas Unifo ndominium Act, Tex. Prop. Code Ann., Section 82.001, et seq.

12.10 Severability. invalidation efany one eS¢ covenants, conditions, easements or restrictions by judgment or court order wi E i / remain, in full force and effect.

covenants running with the la 2 the Owners and their respect eséntatives, successors, assigns, purchasers, grantees and mortgagees. No Lc the terms set forth herein. By the recording or the acceptance of a deed co st or any ownership interest in the Lot whatsoever, the person to whom such Lot or intere ed will be deemed to accept and agree to be bound by and subject to ail of the pfoyi | his Declaration, whether or not mention thereof is made in said deed. Notwithstang Gani ovision herein, the rights of Declarant as provided herein shall not run i stead _miay only be transferred or assigned as provided in Section 12.12 herein.

a tb ¥ executing a document assigning such rights. There may be more than one

larant as provided herein shall not run i stead _miay only be transferred or assigned as provided in Section 12.12 herein.

a tb ¥ executing a document assigning such rights. There may be more than one grant makes a partial assignment of the Declarant status.

Disclaimer Regarding Security. Neither the Association nor Declarant shall in any way'be considered insurers or guarantors of security within the Property, nor shall any of them be held liable for any loss or damage by reason of failure to provide adequate security or of ineffectiveness of security measures undertaken. No representation or warranty is made that any fire protection system, burglar alarm system or other security system can not be compromised or circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands and covenants to inform its tenants, invitees, and licensees that the Association, its Board and committees and the Deciarant are not insurers and that each person 28 using any portion of the Property assumes all risks for loss or damage to persons, to Lots and to the contents of Lots resulting from acts of third parties.

12.14 Adjacent Land Use. Although this Declaration may contain disclosures about the Property or its location on the date of this Declaration, Declarant makes no representation that these are the only noteworthy features of the Property or its location. A prospective owner or resident must make his own inspection of the Property, its location and nearby land uses, and make inquises of

are the only noteworthy features of the Property or its location. A prospective owner or resident must make his own inspection of the Property, its location and nearby land uses, and make inquises of anything that concerns him. Declarant makes no representation of any kind as to current o} uses - actual or permitted - of any land that is adjacent to or near the Property, regardle not guaranty scenic views, volumes of traffic on streets around and through the of schools or shopping, or any other aspect of the Property that is affected by the of adjacent or nearby land, water, or air.

remove obstructions on Common Areas, including, but not limite e ny other type of obstacle that precludes the accomplishment of the official business. The Association, as owner of common use facilities, agrees to release, and hold ss the City, an¥ govemmental entity, and public utility for damages to common facilities occasi the reasonable use of such common facilities by the City, governmental entity, or public uti rt damages and injury arising from the condition of said common use facilities.

12.16 Attorneys’ Fees and Cou sts.

herein, then the prevailing party shall be entitle al.attOmeys' fees and court costs related to such legal action.

gs contained in this Declaration are for reference purposes @ meaning or interpretation of this Declaration.

29 IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed on the day and year written below.

DECLARANT: WBW DEVELOPMENT, LTD., a Texas limited partnership By: |WBW Developmen a Texas limited fia Its general partner By: Date: STATE OF TEXAS } } COUNTY OF BELL } The foregoing instrument was acts 2. 4 2 @ me on January LS, 2010, by Bruce

imited partnership By: |WBW Developmen a Texas limited fia Its general partner By: Date: STATE OF TEXAS } } COUNTY OF BELL } The foregoing instrument was acts 2. 4 2 @ me on January LS, 2010, by Bruce Whitis, Manager / President of WBW Developme Anagement, LLC, a Texas limited liability company, on behalf of the limited tia een 2 y in its capacity as general partner of WBW Development, Ltd., a Texas [i Veep, Notary Public, State of Thxas 2 Printed:, Notarys un "| 120 nica rg?

My Commission Expires: Lo 30 EXHIBIT "A" The Property Lots 1 through 26 and Tracts 4 and 5, Block 1; Lots 1 through 15 and Tract 6, Block 2; Lots 1 through 97 and Tracts 1 and 3, Block 3; Lots 71 through 226, Block 4; and Lots 1 through 16 and Tract 2, Block 5 of the FINAL PLAT OF YOWELL RANCH PHASE ONE, an addition to the of Killeen, Bell County, Texas, according to the map or plat of record in Cabinet D, Slide 27§-B Cc, Plat Records of Bell County, Texas.

\ onlfos SS 2@ EXHIBIT "A" The Property Lots 1 through 26 and Tracts 4 and 5, Block 1; Lots 1 through 15 and Tract 6, Block 2; Lots 1 through 97 and Tracts 1 and 3, Block 3; Lots 1 through 226, Block 4; and Lots 1 through 16 and Tract 2, Block 5 of the FINAL PLAT OF YOWELL RANCH PHASE ONE, an addition to the of Killeen, Bell County, Texas, according to the map or plat of record in Cabinet D, Slide 276-B C, Plat Records of Bell County, Texas.

ce EXHIBIT "B" Common Areas Tracts 4 and 5, Block 1; Tract 6, Bock 2; Tracts 1 and 3, Block 3; and Tract 2, Block 5 of the FINAL PLAT OF YOWELL RANCH PHASE ONE, an addition to the City of Killeen, Bell County, Texas, according to the map or plat of record in Cabinet D, Slide 276-B and C, Plat Records of Bell County, S ee

FINAL PLAT OF YOWELL RANCH PHASE ONE, an addition to the City of Killeen, Bell County, Texas, according to the map or plat of record in Cabinet D, Slide 276-B and C, Plat Records of Bell County, S ee EXHIBIT "C" SUBDIVISION FENCING EASEMENT An easement for subdivision fencing for the benefit of the Declarant and the Association, (i) adjacent to Featherline Road, being five feet (5’) in width, and located within and along the westerly boundary lines of Lot 1 of Block 1, Lot 1 and Lots 37 through 51 of Block 3, and Lots 1 through 8 of Black 5; and (ii) adjacent to Stagecoach Road, being five feet (5°) in width, and located within and alang northerly boundary lines of Lots 22 through 26 of Block 1, and Lot 1 of Block 2 of the FINAL PL¥ OF YOWELL RANCH PHASE ONE, an addition to the City of Killeen, Bell County, Texas; to the map or plat of record in Cabinet D, Slide 276-B and C, Plat Records of Be EXHIBIT "D* Entry Signs Tracts 4 and 5, Block 1; Tract 6, Bock 2; Tract 3, Block 3; and Tract 2, Block 5 of the FINAL PLAT OF YOWELL RANCH PHASE ONE, an addition to the City of Killeen, Bell County, Texas, a to the map or plat of record in Cabinet D, Slide 276-B and C, Plat Records of Bell County, \ &S EXHIBIT "E" Open Space Area Tract 1, Block 3 of the FINAL PLAT OF YOWELL RANCH PHASE ONE, an addition to the City of Killeen, Bell County, Texas, according to the map or plat of record in Cabinet D, Slide B and C, Plat Records of Bell County, Texas.

a> &S Bell County Shelley Coston County Clerk Belton, Texas 76513 Instrument Number: 2010-00002251 As Recorded On: January 21, 2010 Recordings Parties: WBW DEVELOPMENT LTD Billable Pages: 36 To YOWELL RANCH Number of Pages: 37 Comment: ( Parties listed above are for Clerks reference only )

10 Recordings Parties: WBW DEVELOPMENT LTD Billable Pages: 36 To YOWELL RANCH Number of Pages: 37 Comment: ( Parties listed above are for Clerks reference only ) Recordings 151.00 Total Recording: 151.00 erein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.

File Informatio Record and Return To: Receipt N “ 69659 AMERICAN ABSTRACT & TITLE CO Recorded Date/Time: January 21, 2010 09:21:57A 2501 BE ELMS RD KILLEEN TX 76542 User / Station: N Mitchell - Cash Station 1 \ hereby certify that this instrument was filed on the date and time stamped hereon and was duly recorded in the Real Property Records in Bell County, Texas Shelley Coston : Bell County Clerk