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Vlgs of C P3/FP-CS 911012DECLARATION OF COVENANTS AND RESTRICTIONS Villages of Coppell III 1085 2 Made this 12th day of Octobrer, 1991, by GRAND/LAKES OF COPPELL III, G.P., a Texas general partnership ("Declarant"): W I TNE S SETH: WHEREAS, Declarant is the owner of the real property referred to in Article II of this declaration and desires to create thereon a residential community; and WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said community; and to this end, desires to subject the real property referred to in Article II to the covenants and restrictions hereinafter set forth and the easements hereinafter described, each and all of which is and are for the benefit of said property and each owner thereof; NOW, THEREFORE, Declarant declares that the real property referred to in Article II is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions and easements (sometimes referred to as "Covenants and Restrictions't) hereinafter set forth. ARTICLE I DEFINITIONS The following words when used in this Declaration or any supplemental declaration (unless the context shall prohibit) shall have the following meanings: "Board" shall mean and refer to the three individuals designated initially by Declarant and thereafter by the Owners at each annual meeting of the Owners to act as the "Board" for the purpose of maintaining the Common Maintenance Areas and collecting assessments and paying expenses on behalf of Owners as provided herein. "Common Maintenance Areas" shall mean and refer to the common maintenance areas described on Exhibit "~", attached hereto and made a part hereof, and such other areas lying within dedicated public easements or rights-of-way as deemed appropriate by the Board for the preservation, protection, and enhancement of the property values and general health, safety and welfare of the Owners. "Properties" shall mean and refer to all the real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this Declaration. "Lot" shall mean and refer to any plot or tract of land shown upon any recorded subdivision map of the Properties, together with any and all improvements that are now or may hereafter be constructed thereon. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon the Properties but, notwithstanding any applicable theory relating to mortgages or other security 3&.00 DEED 2 11/22/91 9127_9 1209 devices, shall not mean or refer to any mortgagee or trustee under a Deed of Trust unless and until such mortgagee or trustee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. "Declarant" shall mean and refer to Grand Homes, Inc., a Texas corporation, its successors and any assignee, other than an Owner, who shall receive by assignment from the said Grand Homes, Inc. all, or a portion, of its rights hereunder as such Declarant, by an instrument expressly assigning such rights as Declarant to such assignee. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION Section 1. The Properties. The real properties which are, and shall be, held, transferred, sold, conveyed and occupied subject to this Declaration (hereinabove defined as "Properties") are located in the City of Coppell, Dallas County, State of Texas, and are more particularly described as the Villages of Coppell III A by final plat designatfng lots and blocks, said plat being recorded in Volume 91156, Page 1165, Dallas County Plat Records, and the Villages of Copppell III B by ~-i-~a~--pla~ ...... ~--~a~je ......... ,__Bs.t_]Fas-C~ttn~y--P~e~c--Rec~r~s~ Eega! aescrlp~lon incorporated herein as Exhibit "C". · ~...~t i a ARTICLE III Is VOTING RIGHTS AND ASSESSMENTS Section 1. Voting Rights. Each Owner of a Lot shall automatically be entitled to vote in the election of members of the Board, provided that there shall be two classes of voting Owners as follows: CLASS A. The Class ~ Owners shall be all Owners with the exception of Declarant. Class ~ Owners shall be entitled to one vote for each Lot in which they hold the interest required for voting privileges. When more than one person holds such interest or interests in any Lot, all such persons shall be an Owner, and the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be case with respect to any such Lot. CLASS B. The Class ~ Owner(s) shall be the Declarant. The Class ~ Owner(s) shall be entitled to three (3) votes for each Lot in which it holds the interest required to vote. When the total votes outstanding in the Class ~ ownership equals to the total votes, outstanding in the Class ~ ownership, then the Class ~ ownership shall cease and be converted into Class ~ ownership. Section 2. Quorum and Notice Requirements. (a) The quorum required for the election of the Board shall be as follows: At the first meeting called, the presence at the meeting of Owners, or of proxies, entitled to cast sixty (60%) percent of all of the votes of each class of ownership shall constitute a quorum. If the required quorum is not present at the meeting, one additional meeting may be called, subject to the notice requirement hereinabove set forth, and the required quorum at such second meeting shall be one-half -2- 91229 t210 (1/2) of the required quorum at the preceding meeting; provided, however, that no such second meeting shall be held more than sixty (60) days following the first meeting. (b) Except as specifically set forth in this Declaration, notice, voting and quorum requirements for all action to be taken by the Owners, including for the election of the Board, shall be as set forth in the bylaws as adopted by the Board from time to time. The initial Board shall consist of three members designated by Declarant who shall each serve a term of two years. Each successor member of the initial Board shall be elected by the Owners and shall serve a term of one year as provided in the bylaws adopted by the Board. Section 3. Covenant for Maintenance Assessments. Declarant, for each Lot owned by it within the Properties, hereby covenants and agrees, and each Owner by acceptance of a deed to his or her Lot, whether so expressed or not in such deed, shall be deemed to covenant and agree to pay to the Board (or to a mortgage company or other collection agency designated by the Board) quarterly assessments to be fixed, established and collected from time to time for the maintenance of the Common Maintenance Areas. The assessments thus collected by the Board shall constitute the maintenance fund of the Board. The annual assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on each Lot and shall be a continuing lien upon such Lot against which each such assessment is made. The annual assessments shall be payable in monthly, quarterly or annual installments as determined by the Board. The assessments levied by the Board shall be used exclusively for the maintenance of the Common Maintenance Areas and for such other purposes incidental thereto as the Board shall deem necessary. Until the year beginning January 1, 1994,' the maximum annual assessment for each Lot shall be $60.00, and thereafter the annual assessment shall be as established each year by the Board, provided that in no event shall the annual assessment for any one year exceed the assessment for the immediately preceding year by more than five (5%) percent. All assessments shall be fixed at a uniform rate for all Lots. The due date or dates for each assessment shall be fixed in the resolution authorizing such assessment by the Board, provided that all assessments shall be payable on the first day of each calendar year in equal annual installments unless otherwise designated by the Board. Section 4. Duties of the Board of Directors with Respect to Assessments. (a) The Board of Directors of the Association shall fix the amount of the assessment against each Lot at least thirty (30) days in advance of each annual assessment period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection to Owner. (b) Written notice of the assessment shall thereupon be delivered or mailed to every Owner subject thereto. (c) The Board of Directors shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer or agent of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. A reasonable charge may be made by the Board for the issuance of such certificates. -3- 91229 1211 Section 5. Effect of Non-Payment of Assessment: The Personal Obliqation of the Owner; the Lien; Remedies of Association. (a) If any assessment or any part thereof is not paid on the date(s) when due, then the unpaid amount of such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Lot of the non-paying Owner which shall bind such Lot in the hands of the Owner, his heirs, executors, devisees, personal representatives and assignees. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation and shall not pass to his successors in title unless expressly assumed by them. The lien for unpaid assessments shall be unaffected by any sale or assignment of a Lot and shall continue in full force and effect. No Owner may waive or otherwise escape liability for the assessment provided herein by non-use of the Properties or abandonment of his Lot. (b) If any assessment or part thereof is not paid within thirty (30) days after the delinquency date, the unpaid amount of such assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Board may, at its election, bring an action at law against the Owner personally obligated to pay the same in order to enforce payment and/or to foreclose the lien against the Property subject thereto and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action and in the event a judgment is obtained such judgment shall include interest on the assessment as above provided and a reasonable attorney's fees to be fixed by the court, together with the costs of the action. Section 6. Subordination of the Lien to Mortqaqes. The lien of the assessments provided for herein shall be subordinate and inferior to the lien of any first mortgage or deed of trust now or hereafter placed upon a Lot subject to assessment if the mortgage or deed of trust is placed upon the Lot at a time when no default has occurred and is then continuing in the payment of any portion of the annual assessment for such Lot; provided, however, that such subordination shall apply only to the assessments which shall have become due and payable prior to the sale, whether public or private, of such property pursuant to the terms and conditions of any such deed of trust. Such sale shall not relieve such Lots from liability for the amount of any assessments thereafter becoming due nor from the lien of any such subsequent assessment. Section 7. Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein: (a) All properties dedicated and accepted by a local public authority and devoted to public use. (b) All portions of the Properties and Lots owned by Declarant. Section 8. Omission of Assessments. The omission of the Board, before the expiration of any year, to fix the assessments hereunder for that or the next year, shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay the assessments, or any installment thereof for that or any subsequent year, but the assessment fixed for the preceding year shall continue until a new assessment is made. -4- 91229 1212 ARTICLE IV PROTECTIVE COVENANTS The Properties (and the .improvements situated thereon) shall be occupied and used as follows: Section 1. Residential Purpose Only. Each Lot shall be used exclusively for single-family residential purposes only. No building or structure intended for or adapted to business purposes, and no apartment house, double house, lodging house, rooming house, hospital, sanatorium or doctor's office, or other multiple-family dwelling shall be erected, placed, permitted or maintained on any Lot, or on any part thereof. No improvement or structure whatever, other than a first-class private dwelling house, patio walls, swimming pool, and customary outbuildings, garage, carport servants' quarters or guest house may be erected, placed or maintained on any Lot. All parking spaces shall be used exclusively for the parking of passenger automobiles. Section 2. Rubbish, Etc. No Lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such Lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any Lot that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of the surrounding property. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon the Lot, and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. Section 3. Animals. No animals, livestock, or poultry shall be raised, bred or kept in any portion of the Properties except that dogs, cats or other household pets may be kept, but not for any commercial purposes, provided that they do not create a nuisance. Section 4. Development Activity. NotWithstanding any other provision herein, Declarant and its successors and assigns shall be entitled to conduct on the Properties all activities normally associated with and convenient to the development of the Properties and the construction and sale of dwelling units on the Properties. Section 5. Siqns and Picketinq. No sign or emblem of any kind may be kept or placed upon ay Lot or mounted, painted or attached to any Unit, fence or other improvement upon such lot so as to be visible from public view except the following: (a) For Sale Signs. An Owner may erect one (1) sign not exceeding 2' x 3' in area, fastened only to a stake in the ground and extending not more than three (3) feet above the surface of the ground advertising the property for sale. (b) Declarant's Siqns. Signs or billboards may be erected by the Declarant. (c) Political siqns. Political signs may be erected upon a Lot by the Owner of such Lot advocating the election of one or more political candidates or the sponsorship of a political party, issue or proposal provided that such signs shall not be erected more than 90 days in advance of the election to which they pertain and are removed within 15 days after the election. -5- 9t229 t213 Section 6. Campers, Trucks, Boats and Recreational Vehicles. No campers, vans, pickup trucks, boats, boat trailers, recreational vehicles and other types of non-passenger vehicles, equipment, implements or accessories may be kept on any Lot unless the same are fully enclosed within the garage located on such Lot and/or said vehicles and accessories are screened from view by a screening structure or fencing approved by the ACC (as provided in Article V hereof), and said vehicles and accessories are in an operable condition. The ACC, as designated in this Declaration, shall have the absolute authority to determine from time to time whether a vehicle and/or accessory is operable and adequately screened from public view. Upon an adverse determination by said ACC, the vehicle and/or accessory shall be removed and/or otherwise brought into compliance with this paragraph. Section 7. Commercial or Institutional Use. No Lot, and no building erected or maintained on any Lot shall be used for manufacturing, industrial, business, commercial, institutional or other non-residential purposes. Section 8. Building Standards. No building shall be erected or maintained on any Lot unless it complies with all applicable governmental requirements, including any applicable building codes and ordinances. Section 9. Detached Buildings. No detached accessory buildings, including, but not limited to, detached garages and storage buildings, shall be erected, placed or constructed upon any Lot without the prior consent of the ACC. Section 10. Fences. No fence, wall or hedge shall be erected or maintained on any Lot nearer to the street than the building setback lines for the front and side yards. Section 11. Antennae, Satellite Dishes and Solar Collectors. No Owner may erect or maintain a television or radio receiving or transmitting antenna, satellite dish or similar implement or apparatus, or solar collector panels or equipment upon any Lot unless such apparatus is erected and maintained in such a way that it is screened from public view at a point in the center of the public street right-of-way directly in front of the house erected on such Lot; and no such apparatus shall be erected without the prior written consent of the ACC. Section 12. Chimneys.. All fireplace flues, smoke stacks and spark arrestors shall be completely enclosed and concealed from public view in finished chimneys of materials architecturally compatible with the principal finish material of the exterior walls of the dwelling or otherwise approved by the ACC. Section 13. Clothes Hanqing Devices. Exterior clothes hanging devices shall not be permitted. Section 14. Window Treatment. No aluminum foil, reflective film or similar treatment shall be placed on windows or glass doors. Section 15. Floor Area. The floor area of the main dwelling constructed on any Lot, exclusive of open porches and garages, shall not be less than 1,200 square feet. Section 16. Lot Size. No residential structure shall be erected or placed on any Lot which has a minimum lot width and size less than that shown on the recorded plat; provided, however, that Declarant may revise the width and size of any Lot -6- 91229 1214 or Lots which it owns, any such revision to be indicated upon supplemental plat filed of record, within the limitations of the then applicable city ordinances and zoning regulations of the City of Coppell, Texas. Section 17. Temporary Structures. No structure of a temporary character, mobile home, trailer, including boat trailer, basement, tent, shack, barn or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently. ARTICLE V ARCHITECTURAL CONTROL Anything contained in the foregoing Article IV of this Declaration to the contrary notwithstanding, no erection of buildings or exterior additions or alterations to any building situated upon the Properties nor erection of or changes or additions in fences, hedges, walls and other structures, nor construction of any swimming pools or other improvements, shall be commenced, erected or maintained ~until (1) a preliminary sketch showing basic plan and general specifications of same shall have been submitted and approved by an Architectural Control Committee (herein called the "ACC") appointed by the Board, and (2) the final plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design, appearance, and location in relation to surrounding structures and topography by the ACC, or by the Board; provided, however, that the provisions of this Article V shall not apply to buildings, structures, additions and alterations commenced, erected or maintained by Declarant. A copy of the approved plans and drawings shall be furnished by the Owner to the ACC and retained by the ACC. In the event the ACC or the Board, fails to approve or disapprove such design and location within thirty (30) days after the said plans and specifications have been submitted to it, or, in the event, if no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this Article will be deemed to have been fully complied with. Neither the members of the ACC nor the Board shall be entitled to compensation for, or liable for damages, claims or causes of actions arising out of, services performed pursuant to this Article. ARTICLE VI RESERVATION AND GRANT OF EASEMENTS Section 1. Reciprocal Use Easements. (a) For the purposes of this section, the following defined terms shall have the meanings set forth below: "Lot A" shall mean the Lot immediately adjacent to each Easement Parcel A. "Lot B" shall mean each Lot upon which an Easement Parcel A is situated. "Side Setback Line" shall mean the side setback line on each Lot which is, in accordance with the applicable zoning ordinances of the City of Coppell, Texas, three feet from the side boundary line of such Lot. -7- 91229 1215 "Easement Parcel A" shall mean that parcel of land on each Lot B which is described as follows: Beqinninq at a point which is the intersection of the Side Setback Line of such Lot with the rear alley adjacent to such Lot, and then extending along such alley on the boundary of such Lot a distance of three (3) feet to the Adjacent Lot, and then extending from such point along the common boundary line of such Lot with the Adjacent Lot to a point which is one foot before the first to occur of (x) the window frame of a window in the first story of the residence constructed on such Lot or, if there is no such window, (y) the front wall of such residence, and then at a ninety (90%) degree angle extending a distance of three (3) feet to the Side Setback Line on such Lot, and then from such point along such Side Setback Line to the point of beginning on the common boundary of such Lot with the rear alley. "Easement Parcel B" shall mean that parcel of land on each Lot A which is described as follows: Beqinninq at the intersection of the fence enclosing each Easement Parcel A with the residence situated on each Lot B, and then extending from such point across the common boundary line of the two Lots A and B to the ninety degree (90°) angle of such fence on Lot A (the "Beginning Fence Line"), and then along such fence line towards the front of Lot A to a point where such fence forms an approximate ninety degree (90°) angle near the front of such residence, and then at a 90° angle along a line which is parallel to the Beginning Fence Line to a point in the common boundary line of the two Lots, and then along such common boundary line towards the rear of Lot A to the point of beginning. (b) Declarant hereby reserves a use and maintenance easement (herein called "Easement A") over and upon each Easement Parcel A for the sole and exclusive benefit of the Owner of the Lot A contiguous thereto and such Owner's immediate family members, heirs and successors (collectively the "Lot A Owner"), forever. Each Easement A hereby reserved shall be appurtenant to, and shall pass with, title to the Lot A with respect to which such Easement A is reserved, and is granted for the sole purposes of enabling each Lot A Owner to (i) maintain a fence around the Easement Parcel A contiguous to such Owner's Lot A connecting with the fence enclosing such Lot A and (ii) landscape and maintain the enclosed Easement Parcel A as part of the Lot A. Each Easement A is subject to the express condition that the Owner of the Easement Parcel A covered thereby shall have the right at any time and from time to time to enter upon the Easement Parcel A for the sole purpose of performing exterior maintenance and/or repairs on such Owner's residence and, in connection therewith, such Owner .shall have the right to remove a portion of any fence as required to permit such access, provided that such maintenance and/or repair work shall be conducted in a diligent manner and such fence shall be restored to its original condition immediately upon the completion of such work. No Owner of any Easement Parcel A shall otherwise have any right to interfere with or disturb the exclusive right of use and possession of such Easement Parcel A by the Lot A Owner, and each Lot A Owner shall indemnify and hold harmless the Owner of the -8- 91229 t216 Easement Parcel A appurtenant to such Lot A from any loss, cost or damage arising out of or in connection with the use and maintenance of such Easement Parcel A by such Lot A Owner. (c) Declarant hereby reserves a use and maintenance easement (herein called an "Easement B") over and upon each Easement Parcel B for the sole and exclusive benefit of the Owner of the Lot B contiguous thereto and such Owner's immediate family members, heirs and successors, forever. Each Easement B herein reserved shall be appurtenant to and shall pass with title to the Lot B with respect to which such Easement B is reserved, and is granted for the sole purpose of enabling the Lot B Owner to landscape and maintain the land within such Easement Parcel B as part of the Lot B. (d) Attached hereto as Exhibit "B" and made a part hereof for all purposes is a hypothetical drawing of a typical contiguous Lot A and Lot B depicting the Easement Parcel A benefiting Lot A and the Easement Parcel B benefiting Lot B as set forth above. Such drawing is attached hereto for the sole purpose of providing a general concept of the nature and extent of the easements herein reserved. Section 2. Utility Easements. Easements for the installation, maintenance, repair and removal of utilities and drainage facilities and floodway easements are reserved by Declarant as shown on the recorded plat of the Properties, the provisions of said plat pertaining to the use of land situated within such utility and floodway easements being hereby referred to for all purposes. Full rights of ingress and egress shall be had by Declarant, any municipal authority having jurisdiction over the Properties, and any utility company which provides utilities to the Properties, at all times over any dedicated easement for the installation, operation, maintenance, repair or removal of any utility, together with the right to remove any obstruction that may be placed in such easement that would constitute interference with the use of such easement, or with the use, maintenance, operation or installation of such utility. All claims for damages, if any, arising out of the construction, maintenance and repair of utilities or on account of temporary or other inconvenience caused thereby against the Declarant, or any utility company or municipality, or any of its agents or servants are hereby waived by the Owners. Declarant does further reserve the right to alter, redesign or discontinue any street, avenue or way shown on the subdivision plat not necessary for ingress or egress to and from an Owner's Lot, subject to the approval of the City of Coppell, if required. ARTICLE VII GENERAL PROVISIONS Section 1. The Covenants and Restrictions of this Declaration shall run with and bind the land subject to this Declaration, and shall inure to the benefit of and be enforceable by the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date that this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then Owners of the Lots and bearing the written approval of the appropriate agency or subdivision of the City of Coppell, Texas, has been recorded, agreeing to abolish said Covenants and Restrictions or to change said Covenants and Restrictions, in whole or in part; provided, however, that no such agreements to change shall be -9- 91229 1217 effective until the date of such change; provided further, that no such agreements to change shall be applicable to existing buildings on the Properties. Section 2. Until such time as the first Lot is sold by Declarant, Declarant, at its discretion (with FHA approval, if applicable) may abolish or amend this Declaration or change it in whole or in part, and thereafter as long as Declarant is the owner of any portion of the Properties, Declarant and fifty-one percent (51%) of the other Lot Owners may amend this Declaration or change them in whole or in part. Section 3. Except as provided in Section 1 and Section 2 of this Article VII, this Declaration may be abolished, amended and/or changed in whole or in part only with the ninety percent (90%) consent of the Members evidenced by a document in writing bearing each of their signatures during the first thirty (30) year period following the date of this Declaration, and thereafter by a document signed by not less than seventy-five percent (75%) of the Owners. Section 4. Enforcement of this Declaration shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to recover damages against the land; and failure by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 5. Invalidation of any one of the covenants or restrictions contained herein by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 6. Reference in any deed of conveyance or in any mortgage or trust deeds or other evidences of obligation to this Declaration and the easements described in the recorded subdivision plats shall be sufficient to create and reserve such easements, covenants and restrictions to the respective grantees, mortgagees or trustees of any Lots as fully and completely as though such easements, covenants and restrictions were fully cited and set forth in their entirety in such documents. Section 7. Miscellaneous Provisions. Any provision of this Declaration or of the bylaws adopted by the Board to the contrary notwithstanding, the following provisions shall control: (a) FHA/VA Approval. If any prospective Owner applies for FHA or VA mortgage financing and receives a commitment therefor, the following actions will require approval of the Federal Housing Administration and the Veterans Administration as applicable: (1) Addition of properties, (2) dedication of common areas, and (3) amendment of this Declaration. (b) The following actions will require notice to all institutional holders of first mortgage liens: (1) abandonment or termination of the Board; or (2) material amendment to the Declaration. (c) Upon the request of any first mortgagee of a dwelling on a Lot, the Association shall furnish to such mortgagee a written notice of anY default by the Owner of such dwelling in the performance of such Owner's obligations under this Declaration or the Bylaws which is not cured within thirty (30) days. Any first mortgagee of a dwelling who comes into possession of such dwelling pursuant to the remedies provided in the mortgage, a foreclosure of the mortgage, or deed (or -10- 91229 f218 assignment) in lieu of foreclosure, shall take such property free of any claims for unpaid assessments or charges in favor of the Bosrd against the mortgaged dwelling which accrued prior to the time such holder comes into possession of the dwelling. (d) Unless at least seventy-five percent (75%) of the first mortgagees (based upon one vote for each mortgage) have given their prior written approval, neither the Board nor the Owners shall be entitled to: (i) substantially change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner by the Board; or (ii) by act or omission change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance of the dwellings or maintenance of the dwellings or Lots. (e) Ail personal pronouns used in this Declaration, whether used in the masculine, feminine or neuter gender, shall include all other genders; the singular shall include the plural, and vice versa. Section 8. Headings. The headings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration. Section 9. Conflicts. In the event of conflict between the terms of this Declaration and any Bylaws adopted by the Board, this Declaration shall control. IN WITNESS WHEREOF, GRAND HOMES, INC., being the Declarant herein, has executed this instrument as of the day and year first above written. GRAND/LAKES OF COPPELL III, G.P., a Texas general partnership President -11- 91229 1219 THE STATE OF TEXAS COUNTY OF DALLAS on this /2--f~day This instrument was_~ckDowle,~l/ed b~fore me President of GRAND/LAKES'OF COPPELL III, G.P., a Texas general partnership, on behalf of such corporation. ~ ~:;~:~¢~ NOTARY pUBLI~ ~ ~~~~ Printed Name: My co~ission expires: -12- 91229 1220 ,/ EXHIBIT "A" VILLAGES OF.'COPPELL PHASE Ill Landscape screen along D~forest b~. irrigated and maintained. Road to i 9t22'9