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Park Meadow-CN 850815DECLARATION OF COVENANTS AND RESTRICTIONS STATE OF TEXAS COUNTY OF DALLAS These Covenants made as of the 15th day of August, 1985, by WISECO LAND DE- VELOPMENT, INC., a Texas corporation. WITNESSETH: Whereas, Developer desires to establish the Land as a planned unit development consisting of Lots which are individually owned in fee simple; Whereas, Developer desires to establish certain covenants, easements and re- strictions for the mutual benefit and protection of the Owners; Now, therefore, Developer does hereby publish and declare that the following terms, provisions, covenants, conditions, easements, restrictions, reservations, uses, limitations and obligations shall run with the Land, and shall be a burden and benefit to the Developer, the Owners and their respective heirs, legal representatives, successors and assigns: ARTICLE I DEFINITIONS Section 1.01 As used in these Covenants, the following terms shall have the meaning set forth below: (a) "Association" shall mean COPPELL PARK MEADOW ASSOCIA- TION, a Texas non-profit corporation, created for the purposes and possessing the rights, powers and authority set forth herein and in the Charter. (b) "Board of Directors" shall mean the Board of Directors of the Asso- ciation named in the Charter and their successors as duly elected and qualified from time to time. (c) "Building" shall mean any vertical structure located on the Land. (d) "Bylaws" shall mean the Bylaws of the Association initially adopted by the Board of Directors, as duly amended from time to time. (e) "Charter" shall mean the Articles of Incorporation of the Associa- tion flied with the Secretary of State of Texas as duly amended from time to time. (f) "Common Expenses" shall mean all costs and expenses payable by the Association pursuant to the provisions of these Covenants, the Bylaws or a resolution duly adopted by the Board of Directors or the Owners. (g) "Covenants" shall mean the covenants, conditions, easements, charges, servitudes, liens, reservations and assessments set forth herein. (h) "Deed" shall mean a deed or other instrument conveying the fee simple title to a Lot. (i) "Developer" shall mean Wiseeo Land Development, Inc., a Texas eerporation, and any party to whom it shall expressly assign in writing its rights, powers, privileges or prerogatives hereunder. (]) "First Lien Indebtedness" shall mean any indebtedness secured by a first and prior lien or encumbrance upon a Lot. (k) "First Mortgagee" shall mean any bank, insurance company, savings and loan association, mortgage company, agency or instrumentality of the United States Government or other institutional holder of First Lien Indebtedness. (1) "Land" shall mean that certain tract of land located in Dallas County, Texas, and more particularly described in Exhibit "A" attaebed hereto and made a part hereof, together with all and singular the rights and appurte- nanees pertaining thereto. (m) "Lot" or "Lots" shall mean, individually or collectively, those cer- tain lots designated as Lots 1 through 26, inclusive, of Block 1, those certain lots designated as Lots 1 through 39. inclusive, of Block 2, those certain lots desig- nated as Lots 1 through 17, inclusive, of Block 3. all of Park Meadow, Section One, an addition lo the City of Coppell, Texas according to the plat thereof recorded in Volume 85094, Page 4483 of the Map Records of Dallas County, Texas. (n) "Owner" shall mean and refer to the person or persons, entity or entities, who own of record fee simple title to a Lot. The term "Owner" to ex- elude any person or persons, entity or entities, having an interest in a Lot merely as security for the performance of an obligation and the term "Owner" to in- elude Developer if Developer is a record owner of fee simple title to a Lot. (o) "Plat" shall mean that certain Plat depicting Park Meadow, Section One, an addition to the City of Coppell, Dallas County, Texas as recorded in Vol- ume 85094, Page 4483 of the Map Records of Dallas County, Texas as the same may be amended from time to time. (P) "Residence" shall mean that portion of a Building which is located wholly on a Lot and which is designed as a single-family dwelling unit (including that portion of any such Residence which is a garage for the parking of automo- biles). ARTICLE II GENERAL PROVISIONS Section 2.01 As of the 15th day of August, 1985, the Land shall be subject to the Covenants and said Covenants shall run with, be for the benefit of, and bind and burden the Land. Section 2.02 As of the 15th day of August, 1985, the Covenants shall be binding upon and for the benefit of each Owner and his heirs, executors, administrators, trus- tees, personal representatives, successors and assigns, whether or not so provided or otherwise mentioned in the Deed. ARTICLE III USE RESTRICTIONS Section 3.01 All Lots within the Land are hereby restricted as follows: (a) All Lots shall be used for s.ingle-family residential purposes only. No Building or structure shall be erected, altered, placed or permitted to remain on any Lot other than a single-family dwelling and, if any, its customary and usual accessory structures (unless prohibited herein). No Building or structure intended for or adapted to business purposes shall be erected, placed, permitted or maintained on such premises, or any part thereof, save and except those re- lated to development, construction and sales purposes of Developer. This cove- nant shall be construed as prohibiting the engaging in or practice of any eom- meree, industry, business, trade or profession on any Lot. The restrictions on use herein contained shall be cumulative of, and in addition to, such restrictions on usage as may from time to time be applicable under and pursuant to the statutes, rules, regulations and ordinances of the City of Coppell, Texas or any other gov- ernmental authority having jurisdiction over any Lot. ed~ No Residence shall contain less than 2,000 f~t of square fully en- tins r ,area devoted to living purposes measured from interior wall to inte- rior wall. (c) No exterior television, radio or other antenna of any type shall be placed, allowed or maintained upon any Lot or Building without prior written ap- proval and authorization of the Architectural Control Committee, as hereinafter defined. (d) At least eighty percent (80%) of the exterior walls of each Building on a Lot shall be of masonry construction exclusive of doors and windows. Not- withstanding the foregoing, at least twenty-five percent (25%) of each story above the first story of a Residence, including one hundred percent (100%) of the front elevation of the Residence, may be masonry, if approved by the Architec- tural Control Committee, and stucco type exteriors may be permitted, if ap- proved by the Architectural Control Committee. (e) No exterior storage of any items of any kind shall be permitted ex- cept with prior written approval and authorization of the Architectural Control Committee. Any such storage as is approved and authorized shall be in areas at- tractively screened or concealed (subject to all required approvals as to archi- tectural control) from view from neighboring property, pathways and streets. This provision shall apply without limitation, to wood piles, camping trailers, boat trailers, travel trailers, boats, mobile homes and unmounted pickup camper units. Also without limitation, no automobile, truck or other vehicle, regardless of ownership, age, condition or appearance shall remain on any Lot in any man- ner which could be construed as being stored, neglected, abandoned or otherwise not in frequent use except pursuant to written approval and authorization of the Architectural Control Committee. (f) No garbage or trash will be placed about the exterior of any Build- ing, except in receptacles meeting the specifications of the City of Coppell, Texas, and the Architectural Control Committee, and the placement, mainte- nance and appearance of all such receptacles shall be subject to reasonable rules and regulations of the Architectural Control Committee. All rubbish, trash and garbage shall be regularly removed from each Lot and shall not be allowed to ac- cumulate thereon. (g) No radio, stereo, broadcast or loud speaker units and no amplifiers of any kind shall be placed upon or outside, or be directed to the outside of any Building without prior written approval and authorization of the Architectural Control Committee. (h) No outside lighting (other than porch lighting, patio lighting and in- direct lighting) shall be placed, allowed or maintained on any Lot without prior written approval and authorization of the Architectural Control Committee. (i) No animals, reptiles, fish or birds of any kind shall be raised, bred or kept on any Lot except pursuant to prior written approval of the Architectur- al Control Committee, provided, however, that dogs, cats, birds or fish may be kept therein as household pots so long as, in the discretion of the Architectural Control Committee, such pet is not, or does not become, a nuisance, threat, or otherwise objectionable to other Owners. (j) No Lot shall be further subdivided and no portion less than all of any such Lot (including the garage), or any easement or any other interest there- in, shall be conveyed by any Owner. (k) No Owner shall pormit any thing or condition to exist upon any Lot which shall induce, breed or harbor plant disease or noxious insects. (1) No tree, shrub, or plant of any kind on any Lot shall be allowed to overhang or otherwise eneroaeh upon any sidewalk or any other pedestrian way from ground level to a height of seven (7) feet without the prior written approv- al and authorization of the Architectural Control Committee. (m) No machinery, fixtures or equipment of any type, including with- out limitation, heating, air conditioning or refrigeration equipment and clotheslines, shall be placed, allowed or maintained upon the ground on any Lot, except with the prior written approval and authorization of the Architectural Control Committee and then only in areas attractively screened or concealed (subject to all required approvals as to architectural control) from the view of -3- neighboring property, pathways and streets; and no such machinery, fixtures, or equipment shall be placed, allowed or maintained anywhere other than on the ground (such as on the roof) except if screened or concealed (subject to all re- quired approvals as to architectural control) in such manner that the screening or concealment thereof appears to be part of the integrated architectural design of the Building and does not have the appearance of a separate piece or pieces of machinery, fixtures or equipment. (n) No gas, electric power, telephone, water, sewer, cable television, or other utility or service lines of any nature or kind shall be placed, allowed or maintained upon or above the ground on any Lot, except along the perimeter boundary of the Land and except to the extent, if any, underground placement thereof may be prohibited by law or would prevent the subject line from being functional. The foregoing shall not prohibit service pedestals and above-ground switch cabinets and transformers where required. o (O) NO open fires or burning shall be permitted on any Lot at any time and no incinerators or like equipment shall he placed, allowed, or maintained upon any Lot. The foregoing shall not be deemed to preclude the use, in custom- ary fashion of outdoor residential barbecues or grills. (p) Except with respect to signs and advertisements placed and main- tained by the Developer prior to the conveyance by it of all of the Lots, no exte- rior signs or advertisements of any type may be placed, allowed or maintained on any Lot without prior written approval and authorization of the Architectural Control Committee, except for (i) during the applicable initial construction and sales period, one professional sign (of not more than fifteen (15) square feet in size) per Lot may be utilized for advertising and sales purposes; (ii) thereafter, a dignified "for sale" sign (of not more than five (5) square feet in size) may be uti- lized by the Owner of the respective Lot for the applicable sale situation; and (iii) mailboxes and residential nameplates may be placed and maintained in con- formity with such common specifications, including without limitation, reason- able restrictions as to size, as may be adopted by the Architectural Control Com- mittee. Any and all other signs to he placed upon any Lot must first be submitted to and approved by the Architectural Control Committee prior to being displayed on any Lot. (q) No repairs of any detached machinery, equipment or fixtures, including without limitation motor vehicles, shall be made upon any portion of any Lot within view of neighboring property, pathways and streets, without prior written approval and authorization of the Architectural Control Committee. (r) No oil exploration, drilling, development or refining operation and no quarrying or mining operations of any kind, including oil wells, service tanks, tunnels, or mineral excavations or shafts shall be permitted upon or under any Lot; and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any Lot. (s) No portion of the Land may be developed or redeveloped otherwise than in accordance with its original intended use, without the prior written au- thorization and approval of the Architectural Control Committee. (t) No Lot shall be maintained or utilized in such a manner as (in the discretionary judgment of the Architectural Control Committee) to present an unsightly appearance (including but not limited to clothes drying within public view), or as to unreasonably offend the morale of or as to eenstitute a nuisance or unreasonable annoyance to, or as to endanger the health of, other Owners or residents of the Land; and no noxious or otherwise offensive eendition or activity shall be allowed to exist or be conducted thereon. (u) No Lot shall be maintained or utilized in such manner as to violate any applicable statute, ordinance, or regulation of the United States of America, the State of Texas, the County of Dallas, the City of Coppell, or any other gov- ernmental agency or sulxiivision having jurisdiction in the premises. (v) No Lot shall be maintained or utilized in violation of the Cove- nants. -4- (w) Motor vehicles owned or in the eustody of any Owner can be parked only in the garage or garage apron located upon or pertaining to such Owner's Lot, or in parking areas designated by the Architectural Control Committee, un- less otherwise authorized by the Architectural Control Committee. No buses, vans or trucks having a carrying capacity in excess of 3/4 tons or designed for commercial purposes shall be placed, allowed, or maintained on any Lot except with the prior written approval and authorization of the Architectural Control Committee in areas attractively screened or concealed (subject to all required approvals as to architectural control) from view of neighboring property, path- ways and streets. (x) The garage door on each Lot shall be kept closed at all times ex- cept when such garage is being entered or exited and all garages which face a public street shall have automatic garage door openers. (y) No Building shall be permitted to fall into disrepair and any such Building shall at all times be kept in good condition and repair, adequately painted or otherwise finished. (z) All utility lines from each Residence to the common utility lines (i.e., water, gas, sewer, power, etc., utility lines which carry any utility to or sewage from such Residence) shall be maintained by the Owner of such Resi- dence at his own cost and expense. (aa) The Owners of any Lot shall have the right to lease or rent all, but not less than all, of such Lot with the Residence and appurtenances thereon. Any such lease or tenancy is and shall be subject to all of the provisions of this Declaration. ARTICLE IV ASSOCIATION, ORGANIZATION AND MANAGEMENT Section 4.01 The Board of Directors of the Association shall consist of not less than three (3) nor more than nine (9) members, the exact number to be fixed in accor- dance with the provisions of the Bylaws. Section 4.02 The Association shall have two classes of voting membership: (a) Class A: Class A members shall be all Owners with the exception of the Developer. Class A members shall be entitled to one (1) vote for each Lot which they own. When more than one person holds record title to a Lot, all such persons shall be members of the Association, however, the vote for such Lot shall be exercised as they, among themselves determine, but in no event shall more than one vote be east with respect to any such Lot. (b) Class B: The Class B member shall be the Developer. The Class B member shall have a total number of votes equal to one (1) more than the total number of votes of the Cla;; A members combined. However, on the later of (a) December 31, 1988, and (b) the time that the total number of Lots owned by the Class A members first equals or exeeeds three (3) times the total number of Lots owned by the Class B member, the Class B member shall at all times thereafter be entitled to only one (1) vote [or every Lot owned by it. Notwithstanding any- thing to the contrary contained herein, on that date whieh is seven (7) years from the date of the filing hereof, and thereafter, the Class B member shall be entitled to only one (1) vote for each Lot which it then or thereafter owns. Section 4.03 Each Owner of a Lot shall be a member of the Association, and such membership shall continue so long as such person or entity continues to be an Owner. The membership of an Owner in the Association shall be appurtenant to and may not be separated from record ownership of any Lot, and the transfer of any mem- bership in the Association which is not made as a part of a transfer of a Lot shall be null and void. Ownership of a Lot shall be the sole qualification of being a member of the Association. Each Owner shall comply with all rules and regulations as established Dy the Association from time to time. -5- Section 5.04 Each Owner shall be personally obligated to pay his pro rata share of all assessments established pursuant to these Covenants. Each Owner's pro rata share shall be equal to a percentage of the total amount of the assessments established pursuant to these Covenants determined by dividing one by the total number of Lots. Any unpaid assessments shall constitute the personal obligation of the Owner of such Lot at the time such assessment became due. No Owner shall be entitled to exempt himself from the liability of such Owner's obligation to pay such assessments by an abandonment of his Lot or by any other action whatsoever. Any such assessment not paid within fifteen (15) days of the date due shall bear interest at the rate of eighteen percent (18%) per annum, and shall be recoverable by the Association, together with in- terest as aforesaid and all costs and expenses of collection of suit, including reasonable attorney's fees, in a court of competent jurisdiction sitting in Dallas County, Texas. It shall be the responsibility of the Board of Directors to collect any such deliquent aS- sessments, the existence of which shall be made known by written notice delivered to the defaulting Owner and such Owner's First Mortgagee. Each Owner shall aisc be per- sonally obligated to pay his pro rata share of all assessments charged by the Parks of Coppell Association in connection with the maintenance of common and public areas within the Parks of Coppell Master Planned Development. Section 5.05 An Owner's pro rata share of all assessments established pursuant to these Covenants shall be secured by a lien upon such Owner's Lot and the Residence located thereon in favor of the Asseeiation, which lien shall be prior and superior to all of the liens and encumbrances upon such Lot and Residence, regardless of how created, evidenced or perfected, other than the liens securing the payment of First Lien Indebt- edness and the lien for unpaid taxes, assessments and other governmental impositions. Such lien and encumbrance may be enforced by any means available at law or in equity, including, without limitation, a non-judicial foreclosure sale of the Lot of a defaulting Owner conducted in accordance with the provisions of V.T.C.A. Property Code Section 51.002 with the Board of Directors having the power to appoint a trustee to conduct such sale. The Association or any other Owner may be the purchaser at such foreclo- sure sale. Section 5.06 The Association shall promptly transmit to an Owner, such Owner's First Mortgagee, or any other interested party requesting such information, a state- ment setting forth the amount of any delinquent assessments payable by an Owner. as well as the amount of the monthly assessment payable at the time of such request. ARTICLE VI IMPROPER MAINTENANCE BY OWNER Section 6.01 In the event any Lot (including any Building or Residence located thereon) is, in the judgment of the Architectural Control Committee or of the Associa- tion, through the Board of Directors, so maintained by its Owner as to not comply with these Covenants or so as to present a public or private nuisance or so as to substantially detract from the appoaranee or quality of the neighboring Lots or other areas of the Land which are substantially affected thereby or related thereto, the Architectural Control Committee or the Association, through the Board of Directors, may, by resolu- tion, make a finding to that effect specifying the particular condition or conditions which exist, and pursuant thereto deliver notice thereof to the offending Owner that unless corrective action is taken within ten (10) days, the Association will cause such action to be taken at such Owner's cost. If at the expiration of said ten (10) day period of time the requisite corrective action has not been taken, the Board of Directors shall be authorized and empowered, on behalf of the Association, to cause such action to be taken and the cost (the "Maintenance Cost") thereof shall be assessed against the Lot of the offending Owner and shall be secured by the Maintenance Lien as hereinafter pro- vided. Written notice of such assessment shall be delivered to the offending Owner which notice shall specify the amount of such Maintenance Cost and shall demand pay- ment thereof within thirty (30) days after the date of said notice. Section 6.02 The Board of Directors shall have the right at any time there are unpaid Maintenance Costs outstanding with respect to a Lot to file with the County Clerl( of Dallas County, Texas, a statement describing such Lot and declaring the amount of unpaid Maintenance Costs relating thereto in which event, upon such filing, there shall automatieally be imposed upon such Lot a Lien (the "Maintenance Lien") in favor of the ASSociation for the amount of such unpaid Maintenance Costs relating to any such Lot. Upon payment of the Maintenace Costs secured by such Maintenance -7- Lien by or on behalf of the Lot against which the Maintenance Lien is imposed, the Board of Directors shall file of record with the County Clerk of Dallas County, Texas an appropriate release of such Maintenance Lien previously filed against the Lot thereof for such Maintenance Costs. The Maintenance Lien shall be for the sole benefit of the Association. Section 6.03 Each Owner, for himself, his heirs, executors, administrators, trus- tee, personal representatives, successors and assigns, covenants and agrees: (a) That he will pay to the Association within fifteen (15) days after the date of written notice thereof any Maintenance Costs assessed against his Lot; and (b) That by accepting any Deed to his Lot, he shall be and remain per- sot{ally liable for any and all Maintenance Costs assessed against his Lot while he is (or was) the Owner thereof, regardless of whether such Covenants or agree- ments are expressed in such Deed and regardless of whether he signed the Deed. Section 6.04 If the Owner of any Lot fails to pay the Maintenance Cost when due, the Board of Directors may enforce the payment of the Maintenance Cost and/or the Maintenance Lien by taking either or both of the following actions, concurrently or separately (and, by exercising either of the remedies hereinafter set forth the Board of Directors does not preclude or waive its rights to exercise the other remedy): (a) Bring an action at law and recover judgment against the Owner personally obligated to pay Maintenance Cost; (b) Foreclose the Maintenance Lien against the Lot in accordance with the prevailing Texas law relating to the foreclnsure of realty mortgages and liens (including the power of conducting a non-judicial sale in accordance with the provisions of V.T.C.A. Property Code Section 51.002 and the right to recover a deficiency). The Board of Directors shall have the power to appoint a trustee to conduct such sale. The sale or transfer of any Lot shall not affect the Maintenance Lien. Section 6.05 In any action taken pursuant to Section 6.04 of this Article, the Owner shall be personally liable for, and the Maintenance Lien shall be deemed to se- cure the amount of, the Maintenance Cost together with interest thereon at the rate of eighteen percent (18%) per annum, and reasonable attorney's fees. ARTICLE VII ARCHITECTURALCONTROL Section 7.01 The Developer hereby appoints an Architectural Control Commit- tee (herein so called), which shall consist of three (3) members, who shall be natural persons. The initial members of the Architectural Control Committee are: Tommy C. Wise, John B. Kidd and Michael R. Allen. All matters before the Architectural Control Committee shall be decided by majority vote of its members. After December 31, 1988, the Association shall assume all of the rights and powers of the Architectural Control Committee and shall exercise same, through the Board of Directors, in the manner herein provided. In the event of the death, incapacity or resignation of a mem- ber of the Architectural Control Committee, the successor for such member shall be appointed by the majority of the remaining members of the Architectural Control Com- mittee if such death, incapacity or resignation occurs on or before December 31, 1988, and by Association if such death, incapacity or resignation eeeurs thereafter. Section 7.02 No Building, fence, wall, sign, exterior light, or other structure or other apparatus, either permanent or temporary shall be commenced, erected, placed or maintained upon the Land (or any Lot constituting a part thereof), nor shall any re- modeling or reconstruction thereof, exterior addition thereto, change therein, or alter- ation, excavation, subdivision or resubdivision thereof, including without limitation changes in or alterations of grade, roadways and walkways, be made until the plans and specifications showing the nature, I(ind, shape, height, materials, color, and location and other material attributes of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding -8- structures and topography by the Architectural Control Committee. ^11 plans and specifications submitted to the Architectural Control Committee shall include plats showing the proposed location on the Land and the dimensions of all improvements and shall specify in addition to construction diagrams and specifications, all materials to be used and color schemes for all improvements. If the Architectural Control Committee fails to approve or disapprove such design and location within thirty (30) days after such plans and specifications have been submitted to it, approval of the Architectural Control Committee will be deemed to have been given, and this Article will be deemed to have been fully complied with. The Architectural Control Committee shall have the right, all in the sole discretion of the Architectural Control Committee, to disapprove any plans and specifications submitted to it for any of the following reasons: (a) if such plans and specifications are not in accordance with any of the provisions of these Cov- enants or the eodes, ordinances and regulations of the City of Coppell, Texas: (b) if the external design, elevation, appearance, location or color scheme for the proposed im- provements are not in harmony with the general surroundings of the Land or with the adjacent dwellings or structures or with the topography; (e) if the plans and specifica- tions submitted are incomplete: (d) if the design, appearance or location of any landscaping is not in harmony with the general surroundings or topography: (e) if the plans do not provide for adequate structural integrity or structural support for the im- provements; or (f) if the Architectural Control Committee deems the plans and specifi- cations, or any part thereof, to be contrary to the interest, welfare or rights of any or all parts of the Land. The Architectural Control Committee is authorized to accept whatever drawings, plans or specifications as it deems desirable within its sole discre- tion to be in satisfaction of the foregoing. The decision of the Architectural Control Committee shall be final, conclusive and binding upon all Owners. Neither the Archi- tectural Control Committee nor Developer shall be responsible in any way for any feets in any plans or specifications sut~mitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such plans and specifications. The signature of any two members of the Architectural Control Committee on any such plans and specifications with "approved" or "disap- proved'' written or stamped thereon shall be prima faeie evidence as to such approval or disapproval being the act of the full Architectural Control Committee. Section 7.03 The Architectural Control Committee shall have the right, but not the obligation, to enforce the provisions of these Covenants. If the Architectural Con- trol Committee shall fail or refuse to enforce these Covenants for an unreasonable pe- riod of time after written request to do so by any aggrieved Owner, then such aggrieved Owner may enforce these Covenants on his own behalf by appropriate action, whether in law or in equity. ARTICLE VIII VARIANCES Section 8.01 The Architectural Control Committee may allow reasonable vari- ances and adjustments of these conditions and restrictions in order to overcome practi- cal difficulties and prevent unnecessary hardships in the application of the regulations contained herein; provided, however, that such is done in conformity to the intent and purposes hereof and provided also that in every instance such variance or adjustment will not he materially detrimental or injurious to other Lots or improvements on the Land. ARTICLE IX LAND SUBJECT TO THIS DECLARATION Section 9.01 All of the Property and any right, title or interest therein shall be owned, held, leased, sold and/or conveyed by Developer, and any subsequent owner of all or any part thereof, subject to these Covenants and the covenants, restrictions, charges and liens set forth herein. -9- ARTICLE X MISCELLANEOUS Section 10.01 lng manner: These Covenants may be revoked or amended in the follow- (a) Until December 31, 1988, the Architectural Control Committee, together with a majority of the Owners, shall have the right, from time to time, to revoke or amend these Covenants for any purpose by instrument bearing the signatures of a majority of the Architectural Control Committee and a majority of the Owners duly acknowledged and recorded in the Records of the Office of the County Clerk of Dallas County, Texas. (b) On or after January 1, 1989, seventy-five percent (75%) of the Owners may from time to time, revoke or amend these Covenants for any pur- pose by instrument bearing the signatures of seventy-five percent (75%) of the Owners, duly acknowledged and recorded in the Deed Records of the Office of the County Clerk of Dallas County, Texas. Section 10.02 These Covenants shall be effective upon the date of recordation hereof, and as amended from time to time, shall continue in full force and effect to and including December 31, 2034. From and after said date, these Covenants, as amended, shall be automatically extended for successive periods of ten (10) years, unless there is an affirmative vote to terminate these Covenants by the then Owners of fifty-one percent (51%),of the Lots. Section 10.03 If any provisions of these Covenants shall be held invalid or unenforceable the same shall not affect the validity or enforceability of any of the other provisions hereof. Section 10.04 Whenever notices are required to be sent hereunder, the same shall be sent to the Owner who is the intended recipient, by certified or regis- tered mail, return receipt requested and postage prepaid at the address of such Owner's Lot and further provided that any such notice may be delivered in person. Notices shall be deemed received when actually received and whether or not received when depos- ited in a regularly maintained receptacle of the United States Postal Service in accor- dance with the provisions hereof. Notices sent to the Architectural Contrel Committee or the Association shall be sent by certified or registered mail, return receipt requested and postage prepaid, only at such address as has previously been specified by the Archi- tectural Control Committee to the Owners or by the Board of Directors to the Owners, respectively. The Architectural Control Committee and the Association may, from time to time, change such specified addresses by giving the Owners notice of such change in the manner herein provided. Section 10.05 Whenever the context so requires, the use of any gender shall be deemed to inelude all genders, the use of the plural shall include the singular and the singular shall inelude the plural. Seetion 10.06 All captions, titles or headings of the Articles and Sections in these Covenants are for the purpose of reference and convenience only, and are not fo be deemed to limit, modify or otherwise affect any other provisions hereof, or be used in determining the intent or context hereof. Section 10.07 If any interest purported to be created by these Covenants is challenged under the Rule Against Perpetuities or any related rule, the interest shall be construed as becoming void and of no effect as of the end of the applicable period of perpetuities eempoted from the date when the period of perpetuities starts to run on the challenged interest; the "lives in being" for computing the period of perpetuities shall be those which would be used in determining the vaLidity of the challenged inter- est. -10- THE STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the __ day of , 1986, by FRANK BAMBURG, the Presiden't of FRANK BAMBURG BUILDING CO., INC., a Texas corporation, on behalf of said corporation. My Commission Expires: Notary Public THE STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the __ day of , 1986, by JIM JENNE, the President of JIM JENNE, INC., a Texas corporation, on behalf of said corporation. My Commission Expires: Notary Public THE STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the day of , 1986, by A. R. OATS, the President of A. R. OATS, INC., a Texas corporation, on behalf of said corporation. My Commission Expires: Notary Public THE STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the day of __, 1986, by MIKE DORN, the President of DORSEY HOMES, INC., a Texas corporation, on behalf of said corporation. My Commission Expires: Notary Public -12-