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Park Place-CN 870204,'.*'[i~r Title Insurance Company ' ,2.02'~do~creek, Suite 106 ./~oppell, Texas 75019 DECLARATION OF COVENANTS AND RESTRICTION~ THESTATE OF TEXAS COUNTY OF DALLAS These Covenants made as of the 29th day of January, 1987, a Texas corporation. · WITNESSETH: Whereas, Developer desires to establish the Land as a planned unit development consisting of Lots whieh are individually owned in fee simple; Whereas, Developer desires to establish certain covenants, easements and re- strietions for the mutual benefit end protection of the Owners; Now, therefore, Developer does hereby publish and declare that the following terms, provisions, covenants, cotKIItloP, s, easements, restrictions, reservations, uses, Umitations 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, ~tl,.p_~,snrs and assigns: ARTICLE I DEFINITIONS Section 1.0l As used in these Covenants, the following terms meaning set forth below: (a) "ASScolation" shall mean a Texas non-profit corporation, created for the purposes and p,~'__~essing 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 suee_,~__~ors as duly elected and qualified from time to time. (e) "Building" shall mean any vertical strueture lcoated 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 filed with the Senretary of State of Texas as duly amended from time to time. (f) "Common Expenses" shall mean all ensts and expenses payable by the Association pursuant to the provisions of these Covenants, the Bylaws or a resolution duly adopted by the Board of Direetors or the Owners. (g) .Covenants" shall mean the eovenents, 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. (1) .Developer" shall mean Wiseco Land Development, lne., a Texas corporation, and any party to whom it shall expressly assign in writing its rights, powers, privUnges or prerogatives hereunder. (J) .First Lien Indebtedness" shall mean any indebtedness secured by a first and prior lien or encombranee upon s Lot. (k) "First Mortgagee" shall mean an)' bang, insurenee company, savings and loan association, mortgage company, ngeney or instrumentality of the United States Government or other institutional holder of First Lien Indebtedness. 87023 567 (I) ,,Land'' shall mean that certain tract of land located in Dallas County, Texas, and more particularly described tn Exhibit "A" attached hereto and made a part hereof, together with all and singular the rights and apputte= nanees pertaining thereto. (m) ,,Lot" or .Lots" shell mean, individually or collectively, those cer- tain lots designated as Lots 27 through 34, inelasive, of Bloelc 1, those certain lots designated as Lots t through 26, inclusive, of Blcoit 4, those eertain lots dos- ignated as Lots I through 19, inelasive, of Bloeit 5, those certain lots designated as Lots I through 14, inclusive, of Block 60 and Lots t through 14, inelasive, of Bloeit 7, ail of Parr Meadow, Seetion Two, an addition to the City of Coppell, Texas aecerding to the plat thereof reeorded in the Map Records of Dallas Coun- ty, Texas. (n) OOwner" 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 depleting Park Meadow, Section Two, an addition to the City of Coppeii, Dallas County, Texas as recorded in Volume 86108, Page 6975 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 Iooatnd wholly on a Lot and which is designed as a single=family dwelling unit (including that portion of any such Residence which is a prafe for the perking of automo- biles). ARTIGLE n GENERAL PROVISIONS Section 2.01 The Land shall be subjeet to the Covenants and said Covenants shall run with, be for the benefit of, and bind and burden the Land. Section 2.02 The Covenants shall be binding upon and for the benefit of each Owner and his heirs, executors, administrators, trustees, personal representatives, sue= cessurs and assigns, whether or not so provided or otherwise mentioned in the ARTI(;LE Ill USE RESTRICTIONS Seetien 3.{11 All Lots within the Land are hereby restricted as follows: (a) All Lots shall he used for sh',~le-famlly residential purposem only. No Building or structure shall be ereeted, altered, placod or permitted to remain on any Lot other than a single=family dwelling and, ir any, Its eustomory and usual aeeessory structures (unless prohibited herein). No Building or structure intended for or adapted to t)usi _r~_ purposes shana tm m'eared, plaeed, permitted or maintained on such premises, or any part thereof, save and except those re- lated to development, construetlofl and sales purposes of Developer. This oove* nant shah be construed as prohibiting the engaging in Or practice of any eom- merce, industry, business, trade or profession on any Lot. Tho restrletinAs on uso herein contained shall be oumulatlve of, and in addition to, fuoh 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 Jurisdietion over any Lot. (b) ' No Residence constructed on shall contain less then 1,800 square feet of fully eneinsed floor area devoted to living porpe~s measured from exterior wall to exterior wall. No Residence constructed on any other LOts shall contain less than 1,600 square feet of fully enelnsed floor area devoted to Uvlng purposes measured from exterior wall to exterior wall. The fully enelosad floor area devoted to living purposes -2- 7023 q568 shall be exclusive of porches, terraces, garages, and other areas not heated and air een- ditioned. In addition to the foregoing, all Residences shall have a fully enclosed at- tached garage of sul[leleot size for at least two automobiles. (c) No exterior television, radio or other antenna o! 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 seventy percent (?0%) of the exterior wails of the first floor of each Building on a Lot shah be of masonry eenstruetion exclusive of doors and windows. Each story above the first Story of a Residence shell have masonry coverage consistent with the City o! CoppeH, Texas; provided, howev- er, that the back of each story above the first story of a Residence on any Lot in BlocRs 6 and 7 shall have an ali masonry exterior exclusive of doors and win-* dews unless another type exterior is permitted by the Architectural Control Committee. Stucco type exteriors may be permitted, if approved by the Archi- tectural Control Committee. (e) No exterior storage of any items of any kind shall be permitted ex- cept with prior written approval and authorization o! 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 prevision shall apply without limitation, to wood pileS, camping trailers, boat trailers, travel trailers, bbats, mobile homes and unmOunted picltup camper units. AIsc without limitation, no automobile, truck or other vehicle, regardless o! ownership, age, condition or appearance shall remain on any Lot in any man- ner which could be construed as being stored, neglected, abeedoned or otherwise not in frequent use except pursuant to written approval and authorization of the Architectural Control Committee. (!) No garbage or trash will be placed about the exterior of any Build- ing, except in receptacles meeting the specifications of the City o! Coppeil, Texas, and the Architectural Contrei Committee, and the placement, mainte- nance and appearance of ail 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 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 direct lighting) shall be placed, allowed or maintained on any Lot without prior written approval, and authorization o! 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 Arehite~tur' al Control Committee, provided, however, that dogs, cats, birds or fish may be kept therein as household pets se long as, in the dlsorelion 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 !urther 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 permit 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 o! any kind on any LOt shall he allowed to overhang or otherwise encroach upon any sidewalk or any other pedestrian way from ground level to a height of seven (?) feet without the prior written approv- al and authorization of the Architectural Control Committee. -3- 7023 569 (m) No machinery, fixtures or equipment of any type, Ineludin~ with- out limitation, heating, air eoncIttionlng or refrigeration equipment and eJotheslines, 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 soreenod or noncoaled (subject to all requited approvals as to arehiteetural control) from the view of neighboring property, pathways and streets; and no such machinery, fixtures, or equipment shall be placed, allowed or maintained anywhere other than on the ground (sueh as on the roof} except if sereened or eoncoaled (subject to all re= quired approvals as to arehlteetural control} In such manner that the sereening or concealment thereof appears to be part of the Integrated architectural daslgn of the Building and does not have the appearanee of a separate pleee or pieces of maehlnery, fixtures or equipment. ' .. (n) No gas, eleetrie power, telephone, water, sewer, eahle television, or other utility or serviee lines o! any nature or kind shall be placed, allowed or maintained upon or above the ground on any Lot, exeept along the perimeter boundary of the Land and except to the extent, 1! any, underground plaeement thereof may he prohibited by law or would prevent the subJeet line from being functional. The foregoing shall not prohibit service pedestals and above-ground switch cabinets and transformers where required. (o) No open fires or burning shall be permitted on any Lot at any time and no Inelneretors or like equipment shall be placed, allowed, or maintained upon any Lot. The foregoing shall not be deemed to preclude the use, in custom- ary fashion of outdoor residential barbeeuns or grills. (p) Except with respeet to signs and advertisements placed and main- rained by the Developer prior to the eonveyanoe by It of all of the Lots, no exte= riot signs or advertisements of any typo may he placed, allowed or maintained on any Lot without prior written approval and authorization of the Architeetoral Control Committee, except for (1} during the applicable Initial constroetion and sales perlnd, one profnsslonal sign (of not more than fifteen (15} square feet in size) per Lot may be utilized for advertising and sales purpeses; (il) thereafter, a dignified "for sale" sign (of not more than five {5} square feet lnsize) may be uti- ,zed by the Owner of the raspeetive Lot for the applicable sale situation; and (iii) mallboxus and residential nameplates may be plaeed and maintained In con- fortuity with such common speeifleatlons, Inelnding without limitation, reason- able restrictions as to size, as may be adopted by the Arohlteetoral Control Corn= mlttee. Any and all other signs to be placed upon any Lot must first be submitted to and approved by the Arehiteeturel 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 oli exploration, drilling, development or rerlnln~ operatiofl and no quarrying or mining operations of i, ny kind, inolnding eli wells, service tanks, tunnels, or mineral excavations or shafts shall be permitted upon or under any Lot; and no derriel( or other strueture designed for use in boring for oH or natural gas shall be ereeted, maintained or permitted on any Lot. (s) No portion of the Land may be developed or redevaloped otherwize than in aeeordanee with its original intended use, without the prior written au- thorization and approval o! the Archlteetoral Control Committee. (t) No LOt shall be maintained or utilized in such a manner ns (in the diserotinflary Jndgment of the Archlteetural Control Committee) to present an unsightly appearance (inelndin~ but not limited to elothes dr~in~ within public view), or as to unreasonably offend the morale of or as to eormtltute a nuisance or unreasonable annoyanee to, or as to endanger the health of. other Owners or residents of the Land; and no noxious or otherwise offensive condition or activity shah 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, ordinanee, or regulation of the United States of Ameriea, =4- 87023 570 the State or Texas, the County o! Dallas, the City of Coppell, or any other gov- ernmental agency or subdivision having JurLtiietion in the premises. (v) No Lot shall be maintained or utilized in violation or the Cove- naars. (w) Motor vehicles owned or in the custody o! any Owner can be parlced only in the garage or garage apron located upon or pertaining to such Owner~ Lot, or in parking areas designated hy the Architectural Control Committee, urr. less otherwise authorized by the Arehiteeturai Control Committee. No buses, vans or trucks having a carrying capacity in excess o! 3/4 tons or designed rm' commercial purposes shall be placed, allowed, or maintained on any Lot except with the prior written approval and authorization or the Arehitocturai Control Committee in areas attractively screened or concealed (suhjoct to ail required approvals as to architectural control) ires view o! neighboring property, path- ways and streets. (x) The garage door on each Lot shall he kept clnsed at ail times ex- cept when such garage is being entered or exited and all gar,ages which race a public sireet shall have automatic garage door openers. (y) No Building shall be permitted to rail into disrepair and any such Building shall at ail times be kept in good condition and repair, adequately painted or otherwise finished. (z) Ali utility lines from each Residence to the common utility Unes (i.e., water, gas, sewer, power, ere., utility Unes which carry any utility to or sewage from such Residence) shall he maintained by the Owner or such Resi- dence at his own cost and expense. (aa) The Owners or any Lot shall have the right to lease or rent nil, but not less than all, of such lot with the Residence and appurtenances thereon. Any such lease or tenancy is and shall be suhjnot to all of the provisions of this Declaration. ARTICI E IV ASSOCIATION, ORGANIZATION AND MANAGEMENT Section 4.01 The Board or Directors of the Assnolation shall consist of not le~m 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 respoet to any sueh 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 o! votes of the Class A members combined. However, on the later of (a) Deeember 31, 1990, and (b) the time that the total number of Lots owned by the ClaSS A members first equals or exeeeds three (3} tlmas the total number or Lots owned by the ClaSs B member, the Class B member shall at all times there= after be entitled to only one {1) vote rot every Lot owned by it. Notwithstanding anything to the eontrary contained herein, on that date which lA seven (?) years from the date of the filing hereof, and thereafter, the Class B member shall be entitled to only one (1} vote for eaeh LOt whleh it then or thereafter owns. Section 4.02 Each Owner of a Lot shall be a member of the Aasoeiation, and such membership shall eontinne se 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 reeord ownership of any Lot, and the transfer o! any -S- 87023 571 membership in the Association which ts not made as a part o! a tran~..,' of a Lot shall be null and void. Ownership of a Lot shall be the sole qualification of being a member of the ASSociation. Eaeh Owner shall comply with alt rides and re~dations as estab- lished by the Association from time to time. Seetion 4.04 The ASsociation shall have the duty to maintain all common areas on the Land and shall have the right, power and authority to do any set whieh is consis- tent with or required by the provisions of these Covenants or the Byblws, whether the same be expressed or implied, lneluding but not Umlted .to the following: fa) The power to levy and collect AsSessments (of whatever nature) for the maintenance, repair or replacement of the common areas existing on the Land and for such other purposes as are herein provided for; (h) The power to keep accounting records with respaet to all aetivities and operation of the Assoelation; (e} The power to contract with and employ others for maintenance and repair; and (d) The power to adopt roles and refuiatioes connernlng the operation of the ASseelation. Section 4.0~5 The Association, through the Board of Dtreetorso shall have the tight to enforce these Covenants, except and to the extent that the right to enforce certain provisions hereof has been granted to the Areldteetural Control Committee, whether expressly or by implication. If the Board of Dlreotors shall fail or refuse to en- force these Covenants for an unreasonable pelted Of time, after wLttten request to do so, then any aggLteved Owner may enforee these Covenants on his own behalf by appro- priate action, whether tn law or in equity. ARTICLE V ASSESSMENTS, MAINTENANCE FUND AND ASSESSMENT LIENS Section S.01 The ASsociation shall p~;sess the right, power, authority and obli- getion to establish a monthly assessment sufficient in the Judgment o! the Board of Di- rectors to pay when due ali charges and expenses related to the operetlons of the Asso- ciation. Such monthly assessments so estahlished shall be poyshle by the Owners on the first day of each calendar month. They shall he applied to the payment of eher~es for which the Association Ls respoeslhle, Including, without limitation, charges relating to the maintenance and repaJr of the roadways extstln~ on the Land, puhlle liability and other Insurance coverage whleh Ls required or permitted to be maintained by the AssO- ciation, taxes, assessments and other governmental Impositions not separately levied and assessed, utilities not separately assessed, professional services (sueh as aeeountlng and legal}, and such other costs and expenses as may reasonably relate to the proper op- eration, management and admlrdstratlon of the Association. No em,sent or approval o! the Owners shall he required for the estahUshment of the monthly assessments contem- plated by this section. Section S.0:~ Prior to the eommencement of each calendar year, the Asserts- lion, through the Board of Dtreetors, shall prepare and deliver to each of the Owners a ~dget setting forth the anticipated expenses for the ensuing year. Sueh bedget shaU be in sufficient detail so as to inform each Owner of the nature and extent of the expenses anticipated to be ineurred, andlshaU he accompanied by a statement setting forth each Owner~ monthly pre rata share thereof and the date on width suob monthly a~sessment first commenees to be payable. No further commurdeatlon shaU be neces- sary to establish the amount of eaeh Owner's obligation regerdlng the monthly assess- meat payable hereunder, and the failure of the Board of Directors to timely deUver the buret provided for herein shall in no event exeuse or relieve an Owner from the pay- ment of the monthly assessments contemplated hereby. Any budget prepared and deliv- erecl to the Owners as hereby eontemplated may he amended as and to the extent rea- sonably necessary, and the amount of an Owner's monthly assessment ehenged, to correspond therewith. Section $.0:! in addition to the monthly assessments contemplated hereunder, the ASSociation shaU pos~ the right, power and authority to establish special -6- 87023 4572 assessments from time to time as may be neeessa~ or appropriate in the Judgment o! the Board of Directors to pay (il non-recurring expenses relattn~ to the proper op- eration, management and the administration o! the Association, or (ii) non-recurring expenses relating to the proper maintenance, care, alteration, improvement, or recon- struction of specific Lots (including the Buiidin~ thereon) in the manner hereinafter specified. Section 5.04 Each Owner shall be personally oblipted to pay his pro rata share of all assessments established pursuant to these Covenants. Each Owner~ pro rata share shall be equal to a petcefltage of the total amount of the assessments established pursuant to these Covenants determined by dividing one by the total number of Lots. Any unpaid asse~ments shall eenstitute the personal obliption 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 (t8%) per annum, and shall be recoverable by the Association, tqether with in- terest as alor~sald and all easts and expenses of eolleetlofl of suit, Including reasonable attorney's tees, in a eeurt of competent Jurisdiction sitting iff Dallas County, Texas. It shall be the responsibility of the Board of Directors to eelleet any such deliquent as- seasments, the existence of which shall be made known by written notice delivered to the defaulting Owner and such Owner's First MortfaKee. Each Owner shall also be per- sonally obligated to pay his pro rata share of all asspqqments ehat~nd by the ParKs of Coppeil Association in connection with the maintenance of common and public areas within the Parks of Coppell Master Planned Developm~.lt. Section $.05 An Owner's pro rata share of ail 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 Aasoeiatlon, which lien shall be prior and Superior to ail of the liens and eneumbrences upon such Lot and Residence, reprdless of how ereatnd, evidenced or perfected, other than the liens securing the payment of First Lien lndedt- edness and the lien for unpaid taxes, assessments, and other governmental impositions. Such lien and enoumbrence 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 defaultin~ 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 eenduet such sale. The Association or any other Owner may be the porehaser at such foreclo- sure sale. Section 5.06 The Assnotation shall promptly transmit to an Owner, such Ownor's First Mortgagee, or any other interested party requestin~ such information, a state- ment settlfl~ forth the amount or any delinquent &~essments payable by an Owner, aa well as the amount of the monthly assessment payable at the time or such request. ARTICLE VI IMPRQPER MAINTENANCE BY QWNEi~ Section 6.01 In the event any Lot (including any Building of Residence loeatnd 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 poblie or private nuisance ot so as to substantially detract from the appearance ot quality of the neighberin~ Lots o~ other areas or the Land which are substantially affected thereby or related thereto, the Architectural Control Committee or the Aasnoiation, through the Board of Dh'actors, may, by resolu- tion, make a findtn~ to that effect specifying the particular eendltion or eendiflons which exist, and pursuant thereto deliver notice thereof to the offending Owner that urd~q corrective action is taken within ten (10) days, the Assoelaflofl wilt cause Such action to be taken at such Owner's east..I If at the expiration or sam ten (10) day pertnd of time the requisite norteetive action lfas not been taken, the Board of Directors shall be authorized and empowered, on behalf of the Aasoelatino, to cause such aellon to be taken and the east (the 'Maintenance Cost") thereof shall be assessed apinst the Lot of the offending Owner and shall be secured by the Maintenance Lien as hereinafter pro- vialed. Written notice of such assessment shall be delivered to the offendin~ 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. -7- d7023 573 Section 6.02 The Board of Directors shall have the right at any time there are unpaid Maintenance Costs outstanding with respoet to a Lot to file with the County Clerk of Dallas. County. Texas. a statement deseribiag such Lot and declariag the amount of unpaid Maintenance Costs relatinC thereto in which event, upon such filing. there shall automatically be imposed upon such LOt a Lien (the ,Maintenance Lien") in favor of the Assrmtation for the amount o! such unpafd Maintenance Costs, relattn~ to any such Lot. Upon payment of the Maintenace Costs secured by such Maintenance 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 Cleri( of Dallas County, Texas an for such Maintenance Costs. The maintenance Lien shall ,~ ,,~ ,..- --.-- -- ASsueiatton. tee, perSOnal representatives, successors and assigns, covenants {mo agrees-' (a) 'That he will pay to the Assoelatien within fifteen (tS) days after the date of written nottee thereof any Maintenance Custs asseesad against his LOt; and (b) That by accepting any Deed to his LOt, he.shall, be a.nd_rema!n..i~.r' sunally liable for any and aU Maintenance C~ts assnssee against his is (or was) tM owner thereof, regardless of whet. Mr such .Cov_,e_n. anp.?'_ .ag__~r~- meats are expressed in such Deed and ragardi,'~_ o~ whether ne m~nrm me ~ 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, eoneurrently or separately (and, by exercising either of 'the remedies hereinafter set forth the Board of Dlreetors 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; (h) Foreeluse the Maintenance Lien against.the ..Lot in I?enrdan?e~ the prevailing Texas law re]atiag to the foreclosure ot r~l. ty morx.pges arm (including the power of ennductlng a non-Judicial sale m aceoroance with the previsions of V.T.C.A. Preperty Code Section 8t.002 and the right to recover deficiency). The Board o( Directors shall have the power to appoint a trustee to conduct such sale. The sale or transfer of any Lot shall not affeet the Maintenance Lien. ~ In any action taken, pursuant to Seetlen 6.0.4 of this Attic. lc, the Owner shall be personally liable for, and the M.ainten. a.n~e..Lien shall be cure the amount of, the Maintenance Cost together with interest tnareofl at mu ram ua eighteen Dercent (18q6) per annum, and reasonable attorney's fees. ARTICLE VH ARCHITECTURaL CONTROL Seetion ?.0t. The Developer hereby appoints an Arehiteetorai Contrei Commit- tee (herein so celled), which shall consist of three (3) members, who sha!l _be natural persons. The initial members of the Arehiteetural Control Committee ere. Tommy Wise, John B. Kidd and Michael R. AUen. All matters before the Arehiteeturld Control Committee shall be decided by majority vote o.f Its members, A_it.er .Dee.e..tabor' 31: t990, the Assoeiation shall assume ali o! the rights .an(~. po_we~_ j of_o t~h,e__A_r.e_mte?.tu, r~ Cofltrel Committee and shall exercise same, through the Hoare os kPit'~ctt;[~, lu manner herein provided, in the event of the death, irmapaeity or resignation of am. ' bet of the Architectural Cofltrel Committee, the suceosser for such member appointed by the majority of the remaining members of the Architectural Contrei Com- mittee if sueh death, incepaeity or resignation oeeurs on or before Deeember 3t, t990, and by ASsociation if such death, ifleapaeity or resignation occurs thereafter. Section 7 02 No Building, fence, wail, sign, exterior light, or other structure or other apparatus, either permanent or temporary shall be eommeneed, erected, placed -8- or maintained upon the Land (or any Lot constitutlng"a part thereof), nor shall any re- modeling or reconstruction thereof, exterior addition thereto, change therein, or alter- ation, excavation, subdivision or resubdivislon thereof, including without limitation changes in or alterations of grade, roadways and wallcways, be made until the plans and specifications showing the nature, kind, 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 struc- tures and topoeraphy by the Architectural Control Committee. All plans and spoeifice- tions submitted to the Architectural Control Committee shall include plats showing the proposed location on the Land and the dimensions o! all improvements and shall specify in addition to construction diagrams and specifications, all materials to be used and color schemes for ali improvements. If the Architectural Control Committee fails to approve or ctisapprove such design and location within thirty (30) days after such plans and specilieations have heen 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 d~sapprove 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 codes, orclinanees and regulations of the City of Coppell, Texas; (h) If the external design, elevation, appearance, location or color scheme for the proposed Im- provements are not tn 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 de not provide for adequate struetural Integrity or structoral support for the im- provements; or (f) if the Architectural Control Committee deems the plans and special- cations, or any part thereof, to be centrary to the interest, welfare or rights o! 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 deeistnn of the Architectural Control Committee shall be final, eonelnsive and binding upon all Owners. Neither the Archi- tectural Control Committee nor Developer shall be responsible In any way for any de- feels in any plans or specifications submitted, revised or approved In accordance with the foregoing, nor tot any structural or other defects In any worit done according to such plans and speeificetlons. The signature of any two members of the Architectural Control Committee on any such plans and speelfinatlons with "approved" or "cllsap- 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 ?.0~1 The Arehltoetural Control Committee shall have the right, but not the ol31iEatlon, to enforce the provisions of these Covenants. If the Architectural Con- trul Committee shall fall or refuse to enforee these Covenants tor an unreasonable pc- rind of time after written request to de so by any aEErleved Owner, then Such aggrlevnd Owner may enforee these Covenants on his own behal! by appropriate action, whether in law or In equity. ARTICLE VIII VARIANCES Section I~.0! The Architectural Control Committee may allow roasonable vari- ances and adjustments of these conditions and restrietlons in ordor to overcome practi- cal difficulties and prevent unneeossary ha~ships tn the appllnatlon o! the regulations contained herein; pruvided, however, that such Is done in eonlormlty to the Intent and purposes hereof and provided also that in every instance sueh varinnco or adjustment wU! not be materially detrimental or InJurious to other Lots or Improvements on the ARTICLE IX LAND SUBJECT TO THIS DECLARATION Section 9.01 All of the Property and any ~,ht, title or Interest therein shall 12 owned, held, leased, sold and/or conveyed by Developer, and any subsequent owner o~ ali or any part thereof, sul3jeet to these Covenants and the covenants, restrictions, ehar~es and liens set forth herein. 7023 575 ARTICLE X MIS(ELLA NEOUS Section 10.0l These Covenants may be revoked or amended in the following manner: (a) Until December 3t, t990, 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 purpuee 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, 1991, seventy-five pereetmt (?5%) of the Owners may from lime fo time, revoite or amend these Covenants for any pur- pose by instrument bearing the signatures of seventy-five peroent !?$~)..~ Owners, duly acknowledged and recorded in the Deed lteeordm of the OIIICe Ol the County CLeric of DaUas County, Texas. Section 10.02 These Covenants shall be effective upon the date of recordation hereof, and as amended from time to time, shaU continue in full for~e and effect to and including December 3t, 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 ($1%) of the Lots. Section 10.0~} If any provisions of these Covenants shall be held invalid or unenforceable the same shall not affect the validity or eoforneability Of any of the other provisions hereof. Section 10.04 Whenever notices are required to bm sent hereunder, the same shall be sent to the Owner who is the Intended re~lpient, by e~rtified or re~ts- feted mail, return receipt requested and postage prepaid at the atklre~ of such Owner*s Lot and further provided that any such notice may be delivered in parson. Notices shall be deemed received when actually received and whether or not received when depos- ited in a regularly maintained receptaete of the United States Pnstal Service in ecnor- dance with the provisions hereof. Notices sent to the Arohiteetural Control 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 &rohi- tectural Control Committee to the Owners or by the Board of Directors to the Owners, respectively. The Architectural Control Committee and the &sso~iation may, from time to time, ehange sueh specified addresses by giving the Owners notine of such change in the manner herein provided. Section 10,05 Whenever the context so requires, the use o! any gender shall be deemed to ineluda all genders, the use of the plural shall in~luda the singular and the singular shall inelude the plural. Seetion t0.06 AH eaptions, titles or headings of the Articles and Sections in these Covenants are for the purpose of reference and nenvenience only, and are not to be deemed to limit, modify or otherwise affect any other provisions hereof, or be used in determining the intent or context hereof. Section tqm07 If any interest purported to be ereated 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 effeet as of the end of the appliceble period of perpetuities cemputed 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 tho challenged inter- est. -tO- 87023 576 EXECUTED on the date first above written. DEVELOPER: a Tex~ By: _, STATE OF TEXAS -' S -' · ........ COUNTY OF DALLAS $ . This Instrument was stoknowled~ed before me on ~ day ~ ~, 1987 ~ TOMMY C. ~E, t~ P~nt or ~ECO LAND D~ELOPMENT, INC./a T~ ~rat~n, ~ ~ of ~d ~tlon. My CommLqsion ExplFas: 10T:D110386A.00 8 623 FTB ~I~)VISIONS CONTAINED IN ANY tX)COMENT WHICH RESTRICT THE SALE, RENTAL, OR Ub'E OF THE REAL PROi~R1Y DESCRIBED THEREIN DECRUSE OF R,~E OR COLOR ARE I;':VAUD UNDER FEDERAL LAW Arid ARE U;dENFORCLNBLE. ANY PROVISIOrl HEREIN WIlICH RESTRICTS THE .eAt.E, RETITAL, OR USE OF TIlE DZ(,I;iCED Rt::A'., F~,dR,:;:?I bECAUSE OF COLOR OR ~NCE IS If4VAUD A~'ID UI:EflFCRC~.;~ Gi~OE, R FEDERAL LAW.