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Park Place/PP-CS 870204~'.,.'ti~r ~ltle Insurance Company .~ ~,02"~e~:~owcreek, Suite 106 '~/~op~ell, Texas 75019 ~ DECLARATION OF COVENANTS AND RESTRICTION~ THE STATE OF TEXAS S COUNTY OF DALLAS S These Covenants made as of the 29t. h day of a Texas corporation. January, 1987, 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- striations 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, suee_'~-__qors and assigns: DEFINITIONS Section .1.01. As used in these Covenants, the following terms shall have the meaning set forth below: (a) ,Association' shall mean a Texas non-profit corporation, created for the purposes and possessing the rights, powers and authority set forth herein and in the Charter. (h) -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. (e) .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 filed 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 reselution duty 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, Ina., a Texas corporation, and any party to whom it shall expr_,~-_':ly assign in writing its rights, powers, privileges or prerogatives hereunder. (j) "First Lien Indebtedn-,~-;** shall mean any indebtedness secured by a first and prior lien or encumbrance upon a Lot. (k) -First Mortgagee'* shall mean any bani(, insurance company, savings and loan association, mortgage company, agency or instrumentality of the United States Government or other institutional holder of First Lien Indebtedness. i 7023 4567 (1) "Land" shall mean that certain tract of land located in Dallas County, Texas, and more particularly described in Exhibit "A" attached hereto and made a part hereof, together with all and Singular the rights and appurte- nances pertaining thereto. (m) ,'Lot" or -Lots" shall mean, individually or collectively, those eel'- lain lots designated as Lots 27 through 34, inclusive, of Block 1, lhoso certain lots designated as Lots I through 26, inclusive, o! Bloel~ 4, thom8 certain tots des- lgnaled as. Lots I through 19, inclusive, of Block 5, those cortaln lots designated as Lots I through t4, inclusive, of Block 6, and Lots t through i4, inclusive, of Block 7, all of Parr Meadow, Section Two, an addition to the City of Coppeli, Texas according to the plat thereof recorded in the Map Records of Dallas Coun- ty, 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 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 elude Developer if Developer is a record owner o! fee simple title to a Lot. (o) ,,Plat" shall mean that certain Plat depicting Park Meadow, Section Two, an addition lo the City of Coppeli, Dallas County, Texas as recorded in Volume 86108, Page 6975 of the Map Records o! Dallas County, Texas as the same may be amended from time to time. (p) *,Residence** shall mean that portion o! a Building which is located wholly on a Lot and which is designed as a single-family dwelling unit (including lhal portion of any such Residence which is a garage for the parldng o! automo- biles). ARTICLE I1 GENERAL PROVISIONS. Section 2.0.1. 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 2.0.2. The Covenants shall be tminding upon and for the benefit of each Owner and his heirs, executors, administrators, trustees, personal representatives, sue-' cessors and assigns, whether or not so provided or otherwise mentioned Iff the Deed, ARTICLE II.1 USE RESTRICTIONS Section 3.01 All Lots within the Land are hereby restricted as follows: (a) All Lots shall be used for single-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 (unl_,~__~ prohibited herein). No Building or structure intended for or adapted to business purposes shall be erected, placod, permitted or maintained on such premises, or any part thereof, save and except thesm re- lated to development, construction and sales purpomls of Developer. This cove-' nant shall be construed as prohibiting the engaging in or praeti~e of any com- merce, industry, business, trade or profession on any Lot. The restrictions off 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 Coppeli, Texas or any other gov- ernmental authority having Jurisdiction over any Lot. (tm) No Residence constructed on shall contain i__,~'~_ than 1,800 square feet of fully enelnsed floor area devoted to living purposes measured from exterior wall lo exterior wall. No Residence constructed on any other Lots shall contain less than 1,600 square feet of fully enelnsed floor area devoted to living purposes measured from exterior wail to exterior wall. The fully enclosed floor area devoted to living purposes -2- 37023 q568 shall be exclusive of porches, terraces, garages, and other areas not heated and air con- ditioned, in addition to the foregoing, all Residences shall have a fully enelnsed at- tached garage of sufficient size for at least two automObiles. (c) No exterior television, radio or other antenna of any type shall be placed, allowed or maintained upon any Lot or B.uildln~ without prior written ap- proval and authorization of the Architectural COntrol Committee, as hereinafter defined. (d) At least seventy percent (?0%) of the exterior walls of the first floor of each Building on a Lot shall be of masonry construction exclusive of doors and windows. Each story above the first'story of a Residence shall have masonry Coverage consistent with the City of Copt)ell, Texas~ provided, howev- er, that the back of each story above the first story of a Residence on any Lot in Bloctcs 6and 7 shall have an all 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 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, bSats, mobile homes and unmounted pickup camper units. Also without limitation, no automobile, truck or other vehicle, re~ardl~_~ 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 o! 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 Coppoil, Texas, and the Architectural Control 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 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 pets 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 le~ 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 of any kind on any Lot shall be allowed to overhang or otherwise encroach 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. -3- 87023 569 (m) . No machinery, fixtures or equipment of any type, including with- n heating, air conditioning or refrigeration equipment and o.ut. lim.,it_a?~.,.,, ~...,,~,,,,a allowed or maintained upon the gr.ound, on. ,a.?y_..L._o_t: ClOtheslines, ~ii{~lt ~ la'saw''', [ the Arefllteeturat _ ___,',..,......d,,. written annroval and authorization o exeep[Wltll ttl~ Vaz~' rr Control COmmittee and then only in areas attractively screened or. eon.realeS. al! r uired approvals as to architectural control) irom me view o[ (subject to eq .... h machine , t.ixtures, or neighboring property, pamways and streets, and no sue ry the equipment, shall be placed, allowed or maintained anywhere other than on ground (suCh as on the root') except 1! screened or concealed (subject to ali re- quired approvals as to architectural control) in such'manner that the screening oncealment thereo! appears to be part o! the: integrated architectural design or e : o! a se arate ieee or pieces o! o! the Building and does not have the appearance P P machinery, fixtures or equipment, ' - - (n) No gas, electric power, telephone; water, sewer, cable television, or other utiUty or service lines o! any nature or kind shall be placed, allowed or maintained upon or above the ground on any Lot, except along the perimeter boundary o! the Land and except to the extent, if any, underground placement thereo! 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) No open fires or burning shall be permitted on any Lot at any time and no incinerators 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 barbecues or grills. (p) Except with respect to signs and advertisements placed and main- rained by the Developer prior to the conveyance by it o! aU 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 o! the Architectural Control Committee, except t.or (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, u may be adopted by the Architectural Control Com- mittee. Any and all other signs to be 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, shaU be made upon any portion of any Lot within view of neighboring property, pathways and streets, without prior written approval and authorization o! the Architectural Control Committee. (r) No oil exploration, drilling, development or refining operation and no quarrying or mining operations of ony kind, including oU 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 o! 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 Umited to clothes drying within public view), or as to unreasonably offend the morale of or as to constitute 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 ot.fensive condition 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, -4- 87023 .570 the State of Texas, the County of Dallas, the City of Coppell, or any other gov- ernmental agency or subdivision having Jurisdiction in the premises. (v) No Lot shaU be maintained or utilized in violation of the Cove- nants. (w). Motor vehicles owned or in the custod~ 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 exc_p~_q 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 &rchiteetural Control Committee in areas attractively screened or concealed (subject to all required approvals as to architectural control) from view of nei~hburing property, path- ways and streets. (x) The garage door on each Lot shall be kept closed at all times ex- cept when such garage ts being entered or exited and all gar,ages 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 I_p~q than all, of such Lot with the Residence and appurtermnees thereon. Any such lease or tenancy is and shall be subject to all of the provisions of this Declaration. ARTICl E IV ASSOCIATION, ORGANIZATION AND MANAGEMENT. Section 4.0i. The Board of Directors of the Association shall consist of not 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 4.0.2. 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 (t) vote for each Lot which they own. When more than one po[sen 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 cast 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 (t) more than the total number of votes of the Cla~; A members combined. However, on the later of (a) December 31, 1990, and (b) the time that the total number of Lots owned by the Class A members first equals or exceeds three (3) times the total number of Lots owned by the Class B member, the Class B member shall at all times there- after be entitled to only one (i) vote for every Lot owned by it. Notwithstanding anything to the contrary contained herein, on that date which is seven (7) years from the date of the filing hereof, and thereafter, the Class B member shall be entitled to only one (X) vote for each Lot which it then or thereafter owns. Seetion.4.0:l Each Owner of a Lot shall be a member of the Asseeiation, 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 -5- 87023 571 membership 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 Assoeiatiori. Each Owner shall cemply with all rules and regulations as estal:r' lished by the Association from time to time. Section 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 which is consis- tent with or reqUired by the provisions of these Covenants or the Bylaws, whether the same be expressed or implied, including but not limited .to the following: (al 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; (b) The power to keep accounting rep°rds with respect to all activities and operation of the Association; (el The power to contract with and employ others for maintenance and repair; and (d) The power to adopt rules and regulations concerning the operation of the Association. Section 4.05 The Association, through the Board of Directors, shall have the right to enforce these Covenants, except and to the extent that the right to enforce certain provisions hereof has been granted to the Architectural Control Committee, whether expressly or by implication. If the Board of Directors shall fail or refuse to en- force these Covenants for an unreasonable period of time, after written request to do so, then any aggrieved Owner may enforce these Covenants on his own behalf by appro- priate action, whether in law or in equity, ARTICLE V ASSESSMENTS, MAINTENANCE FUND AND ASSESSMENT LIENS Section 5.01 The Association shall possess the right, power, authority and gation to establish a monthly 8ssessment sufficient in the Judgment of the Board of Di- rectors to pay when due all charges and expenses related to the operations of the Asso- ciation. Such monthly assessments so established shall be payable by the Owners on the first day of each calendar month. They shall be applied to the payment of charges for which the Association is responsible, including, without limitation, charges relating to the maintenance and repair of the roadways existing on the Land, public liability and other insurance coverage which is 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, prof_e~_qional services (such as accounting and legal), and such other posts and expenses as may reasonably relate to the proper op- eration, management and administration of the Association. No consent or approval of the Owners shall be required for the establishment of the monthly assessments contem- plated by this section. Section 5.02 Prior to the commencement of each calendar year, the Associa- tion, through the Board of Directors, shall prepare and deliver to each of the Owners a budget setting forth the anticipated expenses for the ensUing year. Such budget shah be in sufficient detail so as to inform each Owner of the nature and extent of the expenses anticipated to be incurred, andlshan be accompanied by a statement setting iorth each Owner's monthly pro rata share thereof and the date on wlfleh such monthly assessment first commences to be payable. No further communication shah be neces- sary to establish the amount of each Owner's obligation regarding the monthly assess- ment payat)le hereunder, and the failure of the Board of Directors to timely deliver the budget provided for herein shall tn no event excuse or relieve an Owner from the pay- ment of the monthly assessments contemplated hereby. Any ~dget prepared and deliv- erecl to the Owners as hereby contemplated may be amended ns and to the extent rea- sonably necessary, and the amount of an Owner's monthly assessment changed, to correspond therewith. Section 5.03 In addition to the monthly assessments contemplated hereunder, the Association shall possess the right, power and authority to establish special -$- 37023 4572 assessments from time to time as may be neees-_sary or appropriate in the Judgment of the Board of Directors to pay (il non-recurring expenses relating to the proper op- eration, management and the adminLstratton of the Association, or (ti) non-recurring expenses relating to the proper maintenance, care, alteration, improvement, or recon- struction of specific Lots (including the Buildings thereon) in the manner hereinafter specified. 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 ~ments shall constitute the personal obligation o! 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 obllgation .. to pay such assessments by an abandonment of his Lot or by any other action whatsoever. Any such assessment not paid within fifteen (tS) 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 eourt of competent Jurisdiction sittin~ In Dallas County, Texas. It shall be the responsibility of the Board of Directors to eolleet any Such dellquent as- se_~sments, 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 also 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 eommon and public areas within the Parks of Coppei! Master Planned Development. Section 5.05 An Owner's pm rata sham of ali assessments established pursuant to these Covenants shall be seeured by a lien upon such Owner's Lot and the Residence located thereon in favor of the Assoelation, which lien shall be prior and superior to all of the liens and encumbrances upon such Lot and Residence, regardi~__q 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 defaultin~ Owner conducted in accordance with the provisions of V.T.C.A. Property Code Seer]on 5t.002 with the Board of Directors having the power to appoint a trustee to eonduet such sale. The Association or any other Owner may be the purchaser at such foreelo- sure sale. Section 5.06, The Association shall promptly transmit to an Owner, such Owners 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 Vl IMPROPER MAINTENANCE BY 0WNEI[ Section 6.0l. In the event any Lot (lneludlog any Building or Residence located thereon) ts, in the Judgment of the Arehlteetural Control Committee or of the Assoeta- lion, through the Board of Directors, so maintained by tis Owner as to not comply with these Covenants or so as to present a public or private nuisance or so as to substantlaUy detraet from the appearance or quality of the netghberin~ Lots oe other areas of the Land whieh ate substantially aHeeted thereby or related thereto, the Arehlteetural Control Committee or the Association, through the Board of Directors, may, by resolu- tion, mai(e a finding to that effect speelfylng the particular condition or conditions which exist, and pursuant thereto deliver netlee thereof to the offending Owner that unless eorreetive action is taken within ten (tO) days, the Association will cause sueh aetlon to be taken at such Owner's eost. I If at the expiration of said ten (10} day period o! time the requisite eorreetlve action 1fas not been tal~en, the Board of Direetors shall be authorized and empowered, on behalf of the Asseelatton, to eause such aetton to be taken and the eost (the "Maintenance Cost") thereof shall be assessed a~ainst the Lot o! the offending Owner and shall be secured by the Maintenance Lien as hereinafter pro= vided. Written notice of such _a~essment shall be delivered to the offending Owner which notlee shall speetfy the amount .of sueh Maintenance Cost and shall demand pay- ment thereol within thirty {30) days alter the date of said nottee. -7- 7023 +§73 i n 6 02 The Board of Directors shall have the right at any time them are S_e?~.i0n §.~u~ ....... ..: ..... -~. r~et to a Lot to file with the County tenanee c~zs ou[sta.um~ -,-, unpaid Ma~n ~- .......... .---~-, ~ ribin= such ~t and ~elartng the C~erk o~ Da~ ~ Y a~oun~ o~ un~a~d Main~enan~e C~ ~ela~t~ ~hereto in ~ieh even~, u~n such zhe~ shaU au~o~a~eali~ ~ ~m~ u~n such ~o~ a Lien (~he -Maintenance Men") an~ such ~o~. U~n payment o~ zh~ Maln~nace C~ts ~u~ bY ~u~h Malntenan~ Men ~ o~ on beha~ o~ ~h~ LOt a~al~ ~h~h zhe Main~en~nce Men ~ l~, ~oa~ o~ Dl~z°~ shal~ ~e o~ ~o~ ~h ~he C~nzy'C~erk o~ D~l~ Coun~, Tex~ ~n app~pria~e ~ie~ o~ such Ma~nzenan~ Men p~v~ly ~H~ agent ~he ~ot ~he~ ~or such M~zenance C~. Th~ MalnZenance Men sh~] ~ ~o~ ~be ~ ~nefl~ o~ ~h~ ~e~azion. S~tto~'~.~ ~aek Owner, ~or ht~r, ~ hel~, ex~uto~, admtn~trato~, t~, ~n~ ~Pr~entativ~, ~ee~ and ~iR~, eovenan~ ~d ag~: (a) 'That he will pay to the Association with_in flfteen_!_lS? the date of written notice thereof any Maintenance Costs assesseo aga,.aL Lot; and (b) That by aeeeptlng any Deed to his Lot, he.shall, be a.nd_rema!n..P?= sonally liable for any and ali Maintenance C _osts. ~ ap?st his LOt White ne is (or was) the Owner thereof, regardless o! whet. tm merits are exp~ in such Deed and teprdless ~ 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 Men by taking either or both of the followin~ 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 aeeordanee with the prevailing Texas law relating to the foreclosure of realty mortgages-and Hens {ineludlng the power of eondueting a non=Judicial sale tn accordance with the provisions of V.T.C.A. Property Code Seetion 51.002 and the right to recover a deficiency). The Board of Directors shall have the power to appoint a tn~stee to eonduet 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 M.ainten. a.n .ce _Lien shall be dee.re, ed tO._.~_. eure the amOunt of, the Maintenance Cost to~ether with Interest thereon at the rate oz eighteen percent (18%) per annum, and reasonable attorney*s fees. ARTICLE VH ARCHITECTUR~,L CONTROL Seetion ?.0t 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 Arohiteetural Control Committee are,' Tommy C. Wise, John B. Kidd and Michael R. Allen. All matters before the Arohiteetural Control Committee shall be decided by majority vote of its members. After December 31, 1990, the Association shah 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 n~." bet of the Architectural Control Commtttee, the successor for such member 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 3t, t990, and by' Association if such death, incapacity or resignation occurs 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 -8- 8702? or maintained upon the Land (or any Lot eonstitutinga part thereof), nor shall any re- modeling or reconstruction thereof, exterior addition thereto, change therein, or alter-. alton, excavati°n, subdivision or resubdivision thereof, including without limitation ehanges in or alterations of grade, roadways and walkways, 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 topography by the Architectural Control COmmittee. All plans and specifica- tions 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 eonstruetton diagrams and specifications, all materials to be used and color schemes for ali 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 codes, ordinances and regulations of the City of Coppeli, Texas; (b) i! the external design, elevation, appearance, location or COLor scheme for the proposed im- provements are not in harmony with the general surroundings o! the Land or with the adjacent dwellings or structures or with the topography; (c) 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 specili- cations, or any part thereof, to be contrary to the interest, welfare or rights of any or ail parts of the Land. The Architectural Control Committee is authorized to accept whatever drawings, plans or specifications as it deems desirable within its sole dlscre-' lion to be in satisfaction o! 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 de- feels in any plans or specifications submitted, 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 facie evidence as to such approval or disapproval being the act of the full Architectural Control Committee. Section ?.0:~ 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..8.0! 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 unnec_,~__sary hardships in the application o! 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 be 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- 87023 575 ARTICLE X. MISCELLANEOUS. Section i0.0l These Covenants may be revoked or amended in the following manner: (a) . Until December aL, 1990, the AfehlteeturaI 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 t, t99t, seventy-five percent (?$%) of the Owners may from time to time, revoke or amend these Covenants for any pur- pose by Instrument beating the signatures of seventy-five percent (?5%) of the Owners, duly acknowledged and recorded In the Deed Records of the Office of the County CLerk of Dallas County, Texas. Section 10.09- These Covenants shaU be effective upon the date of recordation hereof, and as amended from time to time, shaU continue In full force and effect to and Including December al, 9034. From and after said date, these Covenants, as amended, shall be automatically extended for successive periods of ten (t0) years, unless there Is an affirmative vote to terminate these Covenants by the then Owners of fifty, one percent (51%) of the Lots. ~ If any provIsions of these Covenants shall be held invalid or unenforceable the same shall not affect the validity or ei~orceabiltty of any of the other provIsions hereof. be sent to the owner WhO is me m[enueu recap.,=-,, -. .... - ~et~e~ Smh~, return roeeipt requested and postage prepaid at the add _tree of such. Owner's Lot and ;urther provided that any such n. otie. e m.ay .be ..delivered ? .pe__r~....n_~..N.~t_t.ces.~sh.~all be deemed received when actually reee. ive~ a. no ired in a regularly maintained receptacle of the uniter ~caces dance with the provIsions hereof. Notices sent to .the Ar.ehlt..eetur_al Corttm. l Commit!_e~ or the Association shall be sent by certified or reg~stere~ mall, return receipt requesxe~ 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 addr_,~_?.es by giving the Owners notice of such change in the manner herein provided. ~ Whenever the context so requires, the use of any gender shall be deemed to Include all genders, the use of the plural shaU Include the singular and the singular shall Include the plural. Section 10.06 AU captions, titles or headings of the Articles and Sections tn these Covenants are for the purpose of reference and convenience 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 10.0! I! 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 appUeable period of perpe[ul[le~ computed from the date when the period of perpetuities starts to run on the challenged interest; the "Uves in being" for computing the period of perpetuities shall be those which would be ~ in determining the validity o! the challenged Inter- est. -10- c37023 4576 EXECUTED on the d~te first above written. DEVELOPER: Texas corporation By: ..... ,,._ - _ STATE OF TEXAS *' .~ -** : '*** ~' * ~ * *' ~ ..... COUNTY OF DALLAS S This instrument was acknowledged before me on tha,~ day of ~, 1987, by TOMMY C. WISE, the President of WlSECO LAND DEVELOPMENT~ INC./a Texas corporation, on behalf o! said ~orporation. My Commission Expires: 'il' 8,7,6,2'3 I ZOLP [~OI/I$10NS CONTAINED IN IudY DOCUMENT WHICH RESTRtCT THE SALE. RENTAL, OR USE OF THE REAL PROrtRTY DESCRIBED THEREIN DEC~USE OF RACE OR COLOR ARE i;','VAUO UNDER FEDERAL LAW Al,iD/U1E Ui,IENFORCg~LE. ANY PII, OVI$1Ofl HEII, EIN WIIICH ItEST~ICTS THE SALE. REflTAL. OR USE. OF TIJE O.'--%lli?,ED R£~L FF,(JP.::'.';Y bI'.CAU~E OF COLOR OR RACE IS IRVAUD A:iO UREliFGRCCAIJLF. Ij,~OER FEOERAL LAW.