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Home My WebLink About10-00500084- 00075098Lawyers Title Company of Brazos County 1450 Copperfield Parkway College Station, TX 77845 Phone: 979-776-3600 Fax: 979-776-2383 NOTHING FURTHER CERTIFICATE Date: May 10, 2010 File No.: GF No. M2145 Record Title at the Effective Date Hereof is Vested in: TDG Management, L.P. The Land Referred to In this Report is Described as Follows: Lot Forty-Three (43), Block Three (3), HORSE HAVEN ESTATES, PHASE FOUR, an addition to the City of College Station, Brazos County, Texas, according to the Plat recorded in Volume 8976, Page 266, Official Records of Brazos County, Texas. Exceptions: Building lines, and any and all easements as set out on plat recorded in Volume 8976, Page 266, Official Records of Brazos County, Texas. Building lines, and any and all easements as set out in restrictions recorded in Volume 7872, Page 283 and in Volume 9290, Page 250, Official Records of Brazos County, Texas. Terms, provisions, options, covenants, conditions, restrictions, easements, charges, fees, assessments, and liens provided in the Covenants, Conditions and Restrictions recorded in Volume 7872, Page 283, and as ratified for Phase Four in Volume 9290, Page 250, Official Records of Brazos County, Texas. Easement executed by V.J. Boriskie to Lone Star Gas Company, dated 16-s4 5_k`-~u 1 4,, •a 1A December 14, 1950, recorded in Volume 148, Page 417, Deed Records of Brazos County, Texas. (BLANKET) Development Agreement dated December 14, 2006, between the City of College Station, and Lonestar-College Staton golf Academy, Ltd., recorded in Volume 7779, Page 117; as Amended in instrument dated February 14, 2008, recorded in Volume 8509, Pagd 44, Official Records of Brazos County, Texas. *Mineral and/or royalty interest, as described in instrument from Lydia Boriskie to Michael Wayne Thiltgen, dated February 10, 1982, recorded in Volume 510, Page 482, Deed Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument from Lydia Boriskie to Virginia Joy Hermann, dated February 10, 1982, recorded in Volume 510, Page 493, Deed Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument executed by Michael Thiltgen and wife, Cheryl Thiltgen to Burton Ray Hermann and wife, Virginia Boriskie Hermann, dated April 6, 1994, recorded in Volume 2085, Page 289, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument executed by Michael Thiltgen and wife, Cheryl Thiltgen to Burton Ray Hermann and Virginia Boriskie Hermann, dated September 18, 1998, recorded in Volume 3265, Page 115, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. • *Mineral and/or royalty interest, as described in instrument executed by Lydia Boriskie Partnership to Virginia B. Hermann and Burton Ray Hermann, dated June 28, 2002, recorded in Volume 4710, Page 271, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. • *Mineral and/or royalty interest, as described in instrument executed by Oakwood Custom Homes Group, Ltd. to Alton Ofczarzak, dated December 1, 2004, recorded in Volume 6413, Page 169, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Michael Wayne Thiltgen, Executor of the Estate of Lydia Frances Boriskie, Deceased to Baker Exploration Company, dated July 31, 1990, recorded in Volume 1210, Page 371; amended in instruments recorded in Volume 1317, Page 199, Volume 1319, Page 7, and Volume 2385, Page 89, all of the Official Records of Brazos County, Texas. • *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Virginia Hermann to Baker Exploration Company, dated September 21, 1995, recorded in Volume 2463, Page 13, Official Records of Brazos County, Texas. • *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Michael Wayne Thiltgen to Baker Exploration Company, dated September 21, 1995, recorded in Volume 2463, Page 21, Official Records of Brazos County, Texas. • *Rights of mineral leasehold owners of access to, and use of the drill site or well location site as shown on the Master Plan of Horse Haven Estates, recorded in Volume 3065, Page 245, Official Records of Brazos County, Texas. • *Surface Waiver by Oil and Gas Lessee, by and between Union Pacific Resources Company, HH Exploration, Inc., Inco Oil Corp., Injoy, Ltd., Torch Energy Advisors, as Lessees, and Virginia Boriskie Hermann, Burton Ray Hermann, and Michael W. Thiltgen, Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased, dated March 17, 1998, recorded in Volume 3077, Page 19, Official Records of Brazos County, Texas. *Surface Waiver by and between RME Petroleum Corporation, f/k/a Union Pacific Resources Company, as Operator, and Michael W. Thiltgen, Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased, as Lessor, and Baker Exploration Company as Lessee, dated May 16, 2001, recorded in Volume 4153, Page 160, Official Records of Brazos County, Texas. Curative Matters: • Obtain and file for record a release of Deed of Trust executed by TDG Management, L.P. and Oakwood Custom Homes Group, Ltd., to Sammy D. York, Trustee for the benefit of Citizens Bank, dated March 13, 2008, recorded in Volume 8496, Page 153, Official Records of Brazos County, Texas (in the amounts of $1,554,462.00 and $400,000.00). • Assignment of Leases and Rentals executed by TDG Management, L.P. to Citizens Bank, dated March 13, 2008, recorded in Volume 8496, Page 167, Official Records of Brazos County, Texas. • Financing Statement from TDG Management, L.P. as Debtor, to Citizens Bank, as Secured Creditor, filed for record on March 19, 2008 in Volume 8496, Page 170, Official Records of Brazos County, Texas. Obtain and file for record a partial release of Deed of Trust executed by Oakwood Custom Homes Group, Ltd. to Sammy D. York, Trustee for the benefit of Citizens Bank, dated March 4, 2008, recorded in Volume 8477, Page 282, Official Records of Brazos County, Texas (in the amount of $400,000.00). Assignment of Leases and Rentals executed by Oakwood Custom Homes Group, Ltd. to Citizens Bank, dated March 4, 2008, recorded in Volume 8477, Page 295, Official Records of Brazos County, Texas. THIS REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY THE ACCEPTANCE OF SAME, THAT THE UNDERSIGNED, LAWYERS TITLE COMPANY OF BRAZOS COUNTY DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE RECORD OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY HEREIN, AS TO THE INSTRUMENTS FOUNDS OF RECORD PERTAINING TO THE SUBJECT PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS REPORT IS NEITHER A GUARANTY OR WARRANTY OF THE TITLE. Y ACCEPTANCE OF THIS TITLE REPORT, IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO $162.38. THIS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD AND LAWYERS TITLE COMPANY OF BRAZOS COUNTY HAS NOT SEARCHED FOR, NOR HAS REFLECTED HEREIN, ANY EXAMINATION AS TO TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE, WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AT THE SPECIFIED PROMULGATED PREMIUM. OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, HAVE BEEN CHECKED THROUGH April 26, 2010 @ 8:00 a.m. Lawyers Title Company of Brazos County By: Lawyers Title Company of Brazos County 1450 Copperfield Parkway College Station, TX 77845 Phone: 979-776-3600 Fax: 979-776-2383 NOTHING FURTHER CERTIFICATE Date: May 10, 2010 File No.: GF No. M2146 Record Title at the Effective Date Hereof is Vested in: TDG Management, L.P. The Land Referred to In this Report is Described as Follows: Lot Forty-Four (44), Block Three (3), HORSE HAVEN ESTATES, PHASE FOUR, an addition to the City of College Station, Brazos County, Texas, according to the Plat recorded in Volume 8976, Page 266, Official Records of Brazos County, Texas. Exceptions: Building lines, and any and all easements as set out on plat recorded in Volume 8976, Page 266, Official Records of Brazos County, Texas. Building lines, and any and all easements as set out in restrictions recorded in Volume 7872, Page 283 and in Volume 9290, Page 250, Official Records of Brazos County, Texas. Terms, provisions, options, covenants, conditions, restrictions, easements, charges, fees, assessments, and liens provided in the Covenants, Conditions and Restrictions recorded in Volume 7872, Page 283, and as ratified for Phase Four in Volume 9290, Page 250, Official Records of Brazos County, Texas. S.~ x (0 Easement executed by V.J. Boriskie to Lone Star Gas Company, dated December 14, 1950, recorded in Volume 148, Page 417, Deed Records of Brazos County, Texas. (BLANKET) Development Agreement dated December 14, 2006, between the City of College Station, and Lonestar-College Staton golf Academy, Ltd., recorded in Volume 7779, Page 117; as Amended in instrument dated February 14, 2008, recorded in Volume 8509, Pagd 44, Official Records of Brazos County, Texas. *Mineral and/or royalty interest, as described in instrument from Lydia Boriskie to Michael Wayne Thiltgen, dated February 10, 1982, recorded in Volume 510, Page 482, Deed Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument from Lydia Boriskie to Virginia Joy Hermann, dated February 10, 1982, recorded in Volume 510, Page 493, Deed Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. • *Mineral and/or royalty interest, as described in instrument executed by Michael Thiltgen and wife, Cheryl Thiltgen to Burton Ray Hermann and wife, Virginia Boriskie Hermann, dated April 6, 1994, recorded in Volume 2085, Page 289, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument executed by Michael Thiltgen and wife, Cheryl Thiltgen to Burton Ray Hermann and Virginia Boriskie Hermann, dated September 18, 1998, recorded in Volume 3265, Page 115, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Mineral and/or royalty interest, as described in instrument executed by Lydia Boriskie Partnership to Virginia B. Hermann and Burton Ray Hermann, dated June 28, 2002, recorded in Volume 4710, Page 271, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. 0 *Mineral and/or royalty interest, as described in instrument executed by Oakwood Custom Homes Group, Ltd. to Alton Ofczarzak, dated December 1, 2004, recorded in Volume 6413, Page 169, Official Records of Brazos County, Texas, including but not limited to the right to use the surface of the land. Company makes no representation as to the present ownership of this interest. *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Michael Wayne Thiltgen, Executor of the Estate of Lydia Frances Boriskie, Deceased to Baker Exploration Company, dated July 31, 1990, recorded in Volume 1210, Page 371; amended in instruments recorded in Volume 1317, Page 199, Volume 1319, Page 7, and Volume 2385, Page 89, all of the Official Records of Brazos County, 'Texas. • *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Virginia Hermann to Baker Exploration Company, dated September 21, 1995, recorded in Volume 2463, Page 13, Official Records of Brazos County, Texas. • *Terms, conditions and stipulations contained in Oil, Gas and Mineral Lease executed by Michael Wayne Thiltgen to Baker Exploration Company, dated September 21, 1995, recorded in Volume 2463, Page 21, Official Records of Brazos County, Texas. • *Rights of mineral leasehold owners of access to, and use of the drill site or well location site as shown on the Master Plan of Horse Haven Estates, recorded in Volume 3065, Page 245, Official Records of Brazos County, Texas. • *Surface Waiver by Oil and Gas Lessee, by and between Union Pacific Resources Company, HH Exploration, Inc., Inco Oil Corp., Injoy, Ltd., Torch Energy Advisors, as Lessees, and Virginia Boriskie Hermann, Burton Ray Hermann, and Michael W. Thiltgen, Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased, dated March 17, 1998, recorded in Volume 3077, Page 19, Official Records of Brazos County, Texas. *Surface Waiver by and between RME Petroleum Corporation, f/k/a Union Pacific Resources Company, as Operator, and Michael W. Thiltgen, Individually and as Independent Executor of the Estate of Lydia Frances Boriskie, Deceased, as Lessor, and Baker Exploration Company as Lessee, dated May 16, 2001, recorded in Volume 4153, Page 160, Official Records of Brazos County, Texas. Curative Matters: Obtain and file for record a release of Deed of Trust executed by TDG Management, L.P. and Oakwood Custom Homes Group, Ltd., to Sammy D. York, Trustee for the benefit of Citizens Bank, dated March 13, 2008, recorded in Volume 8496, Page 153, Official Records of Brazos County, Texas (in the amounts of $1,554,462.00 and $400,000.00). Assignment of Leases and Rentals executed by TDG Management, L.P. to Citizens Bank, dated March 13, 2008, recorded in Volume 8496, Page 167, Official Records of Brazos County, Texas. • Financing Statement from TDG Management, L.P. as Debtor, to Citizens Bank, as Secured Creditor, filed for record on March 19, 2008 in Volume 8496, Page 170, Official Records of Brazos County, Texas. Obtain and file for record a partial release of Deed of Trust executed by Oakwood Custom Homes Group, Ltd. to Sammy D. York, Trustee for the benefit of Citizens Bank, dated March 4, 2008, recorded in Volume 8477, Page 282, Official Records of Brazos County, Texas (in the amount of $400,000.00). Assignment of Leases and Rentals executed by Oakwood Custom Homes Group, Ltd. to Citizens Bank, dated March 4, 2008, recorded in Volume 8477, Page 295, Official Records of Brazos County, Texas. THIS REPORT IS ISSUED WITH THE EXPRESS UNDERSTANDING, EVIDENCED BY THE ACCEPTANCE OF SAME, THAT THE UNDERSIGNED, LAWYERS TITLE COMPANY OF BRAZOS COUNTY DOES NOT UNDERTAKE HEREIN TO GIVE OR EXPRESS ANY OPINION AS TO THE VALIDITY OF THE TITLE TO THE PROPERTY ABOVE DESCRIBED, NOR AS TO THE VALIDITY OF ANY OF THE INSTRUMENTS REPORTED HEREIN, INCLUDING THE PURPORTED DEED(S) ESTABLISHING THE RECORD OWNER(S) CITED ABOVE, BUT IS SIMPLY REPORTING BRIEFLY HEREIN, AS TO THE INSTRUMENTS FOUNDS OF RECORD PERTAINING TO THE SUBJECT PROPERTY, AND IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS REPORT IS NEITHER A GUARANTY OR WARRANTY OF THE TITLE. Y ACCEPTANCE OF THIS TITLE REPORT, IT IS UNDERSTOOD THAT THE LIABILITY OF THE ISSUER HEREOF IS EXPRESSLY LIMITED TO $162.38. THIS SEARCH HAS BEEN LIMITED TO THE ABOVE MATTERS AND THE ABOVE TIME PERIOD AND LAWYERS TITLE COMPANY OF BRAZOS COUNTY HAS NOT SEARCHED FOR, NOR HAS REFLECTED HEREIN, ANY EXAMINATION AS TO TAX SUITS, SPECIAL ASSESSMENTS, CONFLICTS OR OTHER INSTRUMENTS WHICH MAY AFFECT TITLE TO THE SUBJECT PROPERTY. IF TITLE INSURANCE COVERAGE, WHICH IS NOT PROVIDED BY THIS REPORT, IS NEEDED, SAID COVERAGE IS AVAILABLE THROUGH THE APPLICABLE PROMULGATED POLICY(IES), AT THE SPECIFIED PROMULGATED PREMIUM. OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, HAVE BEEN CHECKED THROUGH April 26, 2010 @ 8:00 a.m. Lawyers Title Company of Brazos County t By: A NIA uefler SME & RETURp To.. GUS Elk Vol Fy G~"r~R3 LV~1t194"T48s DR 8592 it BY-LAWS OF HORSE HAVEN ESTATES HOMEOWNERS ASSOCIATION, INC. ARTICLE I Name and Location The name of the Corporation is HORSE HAVEN ESTATES HOMEOWNERS ASSOCIATION, INC., hereinafter referred to as the "Community Association." The principal office of the Community Association shall be located at 4060 State Highway 6 South, College Station, Texas 77845, but meetings of Members and Directors may be held at such places within the State of Texas, County of Brazos, as may be designated by the Board of Directors. ARTICLE II Definitions Section 1. "Association" shall mean and refer to HORSE HAVEN ESTATES HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain property or properties described in the Declaration of Covenants, Conditions and Restrictions for Horse Haven Estates Subdivision ("Horse Haven Estates") as per the plat recorded in Volume 7901, Page 165, Official Records of Brazos County, Texas, and any additional properties which may hereinafter be brought within the jurisdiction ofthe Association by supplemental declarations, amendments or supplements thereto. Section 3. "Lot" shall mean and refer to a plot of land subject to the jurisdiction of the Community Association as is more fully specified in the Supplemental Declaration. Section 4. "Owner" shall mean and refer to the record owner whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties subject to a maintenance charge assessment by the Community Association including contract sellers, but excluding those having such interest merely as security for the performance of any obligations. Section 5. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions for Horse Haven Estates Subdivision in College Station, Brazos County, d Texas, and for additional contemplated sections of the same, made subject to such easements, covenants, and declarations by Declarant. The Declaration is of record in Volume 7872, Page 282, Official Records of Brazos County, Texas, together with any amendments thereto. JDW.CFR HOMEHAVEN 07-0712SY-LAWS ~1 ' .U,,v Doc Uk Vol P9 i0 7485 OR 8542 12 .e'` Section 6. "Developer" shall mean and refer to OAKWOOD CUSTOM HOMES GROUP, LTD., or its successors and assigns. Section 7. "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration of Covenants, Conditions and Restrictions for Horse Haven Estates Subdivision as recorded in Volume 7872, Page 282 ofthe Official Records of Brazos County, Texas, together with any other persons brought under the Supplemental Declaration. ARTICLE III Meeting of Members Section 1. Annual Meeting. The regular annual. meeting of the Members of the Association shall be held on the first Saturday in March of each year, beginning in March, 2008, at 10:00 o'clock am. at the principal office of the Association or at such places within the State of Texas, County of Brazos, as may be designated by the Board of Directors. If such date for the annual meeting of the Members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2. Speci Meetings. Special meetings of the Members may be called at any time by the President or by the Board of Directors, or upon the written request of the Members who are entitled to vote one-tenth (1/10th) of all of the votes of the membership. Section 3. Notice.of Meetings. Written notice of each annual or special meeting of the Members shall be given by, or at the direction of, the Secretary or any person or persons authorized to call a meeting, by mailing a copy of such notice, postage paid, at least ten (10) days before such meeting to each Member entitled to vote thereat, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and the purpose of the meeting. Section 4. Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, three tenths (3/10) of the votes without regard to classes shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration or these By-Laws. If, however, Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. If a quorum is present, the affirmative vote of a majority of the votes represented at the meeting and entitled to vote on the subject matter shall be the act of the Members, unless the vote of a greater number or voting by classes is required by the Articles of Incorporation, the Declaration or these By-Laws. In calculating if a quorum is present and calculating the number of votes each Member is entitled to cast shall be calculated in accordance with the Declaration. Section 5. Proxies. At all meetings ofMembers, each Member entitled to vote may vote P^ in person or by proxy executed in writing designating his duly authorized attorney in fact. All JDW:CFR HORSEHAVEN 07-0712\BY-LAWS Doc Vol Fs 009 74-0` OR 8592 1 proxies shall be in writing and filed with the Secretary before or at the time of the meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his lot. No proxy shall be valid after eleven (11) months from the date of its execution, unless otherwise provided in the proxy. Section 6. Action Taken Without a Meeting. The Members shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all of the Members. Any actions so approved shall have the same effect as though taken at a meeting of the Members. ARTICLE W Board of Directors Section 1. Bold of Directors. The affairs of the Association shall be managed by the Board of Directors and composed of not less than three (3) nor more than seven (7) Members who need not be Members of the Association. The Board of Directors shall be elected by the Members in accordance with the Declaration. Section Z. Term of Office. The initial Directors for the Association set forth in the Articles of Incorporation shall hold office until the first annual meeting. The Directors shall continue to serve until their successors are duly elected and qualified. Section 3. Removal. Any Director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. In the event of death, resignation or removal of a Director, his successor shall be selected by the remaining Members of the Board and shall serve for the unexpired term of his predecessor. In the event any Director shall be absent from three (3) consecutive regular meetings of the Board of Directors, he may be removed from the Board. Section 4. Vacancies. Any Director may resign at any time by giving written notice to the President or Secretary of the Association. Such resignation shall take effect at the time specified therein; and unless otherwise specified therein the acceptance of such resignation shall not be necessary to be effective. Any vacancy occurring in the Board of Directors may be filled by the affirmative vote of a majority of the remaining Directors though less than a quorum. A Director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office. Any directorship to be filled by reason of an increase in the number of Directors shall be filled by the affirmative vote of a majority of the Directors then in office or by an election at the annual meeting or at a special meeting of Members called for that purpose. Section 5. Compensation. No Director shall receive compensation for any service he may render to the Association; provided, however, any Director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 6. Action Taken VYitbout a Meeting. The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written JDW:CFR HORSEHAVEN 07-07 (21BY-LAWS Doc Bk Vol Fs 00957485 OR 8592 14 approval of all of the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. ARTICLE V Meetings of Directors Section 1. Regular Meeting. Regular meetings of the Board of Directors shall be held quarterly without notice at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Spegial Meetings. Special meetings of the Board of Directors shall be held when called by the President of the Association or by any Director after not less than three (3) days notice to each Director, which such notice may be waived at or prior to such meeting. Section 3. Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business, but if less than such majority is present at a meeting a majority of the Directors present may adjourn the meeting from time to time without further notice. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. Section 4. Presumption to Assent. A Director of the Association who is present at a meeting of the Board of Directors at which action on a corporate matter is taken shall be presumed to have assented to the action taken unless his dissent shall be entered into the meeting or unless he shall file his written dissent to such action with the person acting as the Secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the Association immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Director who voted in favor of such action. Section 5. Informal Action by Directors. Any action required or permitted to be taken at a meeting of the Directors may be taken without a meeting ifa consent in writing, setting forth the action so taken, shall be signed by all of the Directors entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as a unanimous vote of the Directors. ARTICLE VI Powers and Duties of the Board of Directors Section 1. Powers. The Board of Directors shall have the power to: (a) suspend the voting rights and right to the use of any facilities or services provided by the Association of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after 10-N JDw:CFR HORSEHAVEN 07-07121Br-LAWS Doc P,k Vol Pg 001?V74E5 OR 5592 15 notice and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulations; (b) exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation or the Declaration; (c) declare the office of a Member of the Board of Directors to be vacant in the event such Member shall be absent from three (3) consecutive regular meetings of the Board of Directors. (d) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties and the terms of employment or services; (e) exercise such other rights and powers granted to this Association and not reserved to the membership by the Declaration, the Articles of Incorporation ofthe Association or other provisions of these By-Laws. Section 2. Duties. It shall be the duty of the Board of Directors to: (a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is required in writing by Members who are entitled to vote; (b) supervise all officers, agents and employees of the Association, and to see that their duties are properly performed; (c) fix the amount of the annual assessment against properties subject to the restrictions contained in the Supplemental Declaration subject to the jurisdiction of the Association and to take such actions as it deems appropriate to collect such assessments and to enforce the liens given to secure payment thereof; (d) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board or its agent for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (e) procure and maintain such liability and hazard insurance as it may deem appropriate on any property or facilities owned by the Association; (f) cause any officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate. JDW;CFR HOPSEHAVEN 07-4712\BY-LAWS Doc Bk Vol Fs 01)997455 OR 8592 16 ARTICLE VII Officers and Their Duties Section 1. Enumeration of Offices. The officers ofthis Association shall be a president, who shall be, at all times, a Member of the Board of Directors, a vice president, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members. Section 3. 1=. The officers of the Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. The officers shall continue to serve until their successors are duly elected and qualified. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. In all cases where the duties of any officer are not prescribed by the By-Laws or by the Board, such officer shall follow the order and instructions of the President. Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the. date of receipt of such notice or at any later time specified therein, and unless otherwise specified herein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder ofthe term of the officer he replaces. Section 7. Multiple Offices. No person shall simultaneously hold both the offices of president and secretary. Section 8. Duties. The duties of the officers of the Association are as follows: (a) Presid ent. The President shall preside at all meetings of the Board ofDirectors and of the Association; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and may co-sign all checks and promissory notes. (b) Mige President. The Vice President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. JDW:CFR HORSEHAVEN 07-0712113Y-LAWS 6 Doc 8k Vol Ps 00997485 OR 8592 17 fo"` (c) Secre . The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board. (d) Treasurer. The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; and keep accurate books and records of the fiscal affairs of the Association and make the same available for inspection by Members of the Association during normal business hours. ARTICLE VIII Committees The Board of Directors may appoint any committees as deemed appropriate in carrying out the purposes of the Association. ARTICLE IX Books and Records The books, records and papers ofthe Assooiation shall at all times during reasonable business hours be subject to inspection by any Member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE X Assessments As more fully provided in the Declaration, each Member is obligated to pay to the Association certain annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of any of the facilities or services provided by the Association or by abandonment of his lot. ARTICLE XI Amendments Section 1. Amendment. These By-Laws may be altered, amended or repealed by the Board or at a regular or special meeting of the Members by a vote of a majority of a quorum of Members present in person or by proxy. The quorum shall be determined upon votes present, not Members using the voting formula established in the Supplemental Declaration. r1^ JDW:CFR HORSEHAVEN 07-0712\BY-LAWS Doc_ 2. L, Vol Fs _M7485 OR 9542 18 Section 2. Cg~1 is , In the case ofany conflict between the Articles ofIncorporation and these By-Laws, the Articles shall control; and in the case ofany conflict between the Declaration and these By-Laws, the Declaration shall control. ARTICLE XII Miscellaneous Section 1. Waiver of otice. Whenever notice is required by law, by the Articles of Incorporation, or by these By-Laws, waiver thereof in writing signed by the Director, Member or other person entitled to said notice, whether before or after the ti at such me stated therein, or his appearance meeting in person or (in the case of a Member's meeting) by proxy, shall be equivalent to such notice. The Presence of a Director, Member or other person at any meeting shall constitute a waiver of notice of such meeting except where such person attends such meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called. Section 2. F' c Ye . The fiscal year of the Association shall begin on the first day of January and end on the 31 st day of December of every year, except that the first fiscal year shall begin on the date of incorporation. Section 3. Use of Funds. No part of the net earnings of the Association shall inure to the benefit or be distributable to its Members, Directors or officers, except that the Association shall be authorized and have the power to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the proposes set forth in its Articles of Incorporation. IN WITNESS WHEREOF, we, being all of the Directors of HORSE HAVEN E RTES HOMEOWNERS ASSOCIATION, INC., have hereunto set out ds effective the day of July, 2007. Filed for Record in.. BRAZOS COUNTY On. Mai 14,20'lE at 13421P As a NO LL1BEL RECORDING Document Number. 009474E5 Amount 34.00 Receipt Number - 341350 Byr Cathy Barcelona STATE OF TEXAE COUNTY OF BRAZOS I hereby certify that this instrusent was filed on the date and tine stamped hereon b, me and was duls recorded in the volume and ease of the Official Public records of: BRAZOS COUNTY /0111 as stamped hereon bs me. May 14Y200E E. Vicki Friedberg l e. Rabreva Ofczarzak mwli~hiiQ OSt-Cf3t1wv §LERK Doc 9k Vni Ps 01039976 OR 9296 251 1. BUILDING SITE As used in these Restrictions, the term `Building Site' means one or more contiguous lots or a lot or contiguous lots, plus a part of an adjacent lot or lots, of the numbered lots in the Subdivision. However, as long as a part of a lot is at least fifty-five (55) feet wide and meets city standards, it shall be a Building Site. Any Lot shown on the plat of the Subdivision shall qualify as a Building Site. 2. SINGLE-FAMILY RESIDENTIAL PURPOSE ONLY No lot or Building Site shall be used for any purpose except for single-family residential purpose. No building shall be erected, altered, placed or permitted to remain on any Building Site other than one single-family type dwelling, together with any permitted outbuilding. A singlo•family-type dwelling is defined as: a.) A residence occupied by a single fan ily unit which may consist of the owner, of the residence, his or her spouse, his and/or her children, and his and/or her parents; or b.) A residence occupied by no more than two (2) unrelated individuals and the lineal descendants thereof; or c.) A residence occupied by either the owner, his or her spouse, his and/or her parents, or the lineal descendants of the owner and/or his spouse and their authorized guests, but not a dwelling used by such persons as a rooming or boarding house for unrelated persons; or d.) A four-bedroom, or less, residence occupied by not more than four (4) unrelated persons and the lineal descendants thereof under a lease agreement with the owner of the residence; or e.) A five-bedroom residence occupied by five (5) or less unrelated persons and the lineal descendants thereof under a lease agreement with the owner of the residence; or f.) A residence occupied by a single family unit consisting of no more persons than are otherwise authorized herein under a lease agreement with the owner of the residence. JDW:CFR HBRSE HAVEN 07-0227RESTRICTIONS PHASE 4 Doc Ek Vol P9 41439976 OR 9294 252 g.) To maintain the health and safety of the Subdivision, there should not be more than two (2) persons per bedroom. This is not a restriction or requirement of the Subdivision, but is only included for information purposes. h.) The above limitations c hither restricted by th relating to the number residence, n the number of occupants and their relationships are City of College Station's ordinances and restrictions of unrelated persons who may occupy a single-family No provisions in these restrictions shall be construed to prevent the Developer, or any real estate agent or homebuilder as approved by Developer, from erecting, permitting or placing such facr7ities or structures, either permanent or temporary, of whatever nature, on a lot or lots as may be necessary or convenient during the period of; and in connection with, the sale of lots, or the construction or selling of new residences in the Subdivision. Such facilities may include, but shall not be limited to, a temporary office building, storage area, signs, portable toilet facilities and sales offices. The Developer, or its designated agent, shall also have the right to use a residence, situated on a lot, as a temporary office or model home during the period of, and in connection with, construction and sales operations in Horse Haven. 3. ARCHITECTURAL CONTROL COMMITTEE No building or other improvements shall be erected, placed or altered on any building site until the construction plans and specifications, and a plan showing the location of the structure or improvements, have been approved by a majority of the Architectural Control Committee ( the "Committee') as to the quality of workmanship and type of building materials; hamlony of external design with existing structures; and location with respect to topography, easements, building lines and finish grade elevation. The Architectural Control Committee shall consist of four (4) members, whose names are Alton Ofczarzak, Sieg Lipp, Rebevra Ofczarzak, and the President of the Horse Haven Homeowners Association (the "Association"). A majority of the Committee may designate a representative to act for it In the event of resignation or impossibility to continue serving of any member of the Committee, the remaining members shall have full authority to designate a successor. Upon completion of a total of fifty houses in all Phases of Horse Haven Estates Subdivision (it being contemplated that additional properties shall be added and phased into the Subdivision as set forth in Section 30 hereafter), the terms of Alton Ofczaizak, Rebevra Ofczmzak, and Sieg Lipp will automatically expire and the designation of members of the Committee wig be the exclusive responsibility of said Association. Neither the members of the Committee or its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. The Committee's approval, or disapproval, as required herein, shall be in writing. If the Committee or its designated representative fails to give written approval or disapproval within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the constriction has been commenced prior to the conclusion of improvements, approval will not be required, and the related covenants shall be deemed to have been fully satisfied. It is stipulated, however, that to be approved all construction on any building site must comply with all the requirements of these Deed Restrictions. JDW:CFR HORSE RAVEN 07.0227%RESTRICTIONS PHASE 4 Da: Bk Vol F5 02039976 OR 9290 253 4. M[NIMUM SIZE OF DWELLINGS The minimum air conditioning area per dwelling, exclusive of garages, porches and attics will be one thousand one hundred (1,100) square feet, plus a garage. 5. BUILDING LINES No building shall be located on any building site nearer to the front lot line, or nearer to the side street line, than the muurnan set back lines shown on the recorded plats for the Subdivision. No building shall be located nearer to a rear lot line than the rear easement line. b. FACING OF RESIDENCES Residences on corner lots shall face the street from which the greatest building setback is shown on the recorded plat. This requirement may be waived by the Committee if, in its sole opinion, the conditions warrant the change. 7. MATERIALS REQUIRED Only new construction material (except masonry) shall be used in constructing any structures in the Subdivision. Exterior colors (for house, mailbox, fence, roof, and other residential appurtenances), stone or other masonry colors and exterior shutter or door colors must be approved in writing by the Committee. This includes initial construction and any repainting after initial construction. No structure shall be occupied or used until the exterior construction thereof is completed, the interior construction is substantially completed and a certificate of occupancy has been issued be the City of College Station, Texas (the "City'). 8. GARAGES, CARPORTS AND OUT BUILDINGS Except as set forth in the last sentence of this Section 8, each and every residential structure shall have a garage to be constructed at the time of construction of the main residence, and shall be constructed for not less than one (1) automobile. No garage shall ever be changed, altered, enclosed or otherwise converted for any purpose other than for the housing of automobiles, other vehicles and storage. All roof materials on a garage must be of the same nature as the materials used on the main residential dwelling and all garage walls must be constructed of the same material, or other similar material, as the exterior of the main residential dwelling. Any storage JDW:CFR HORSE HAVEN 07-62271RESTRICnONS PHASE 4 Doc 8k Vol F9 01039976 OR 9290 254 building, outbuildings or other structures must be located in the rear yard and screened with fencing from view from streets adjoining the lot containing such structures. Any such additional building structures shall only be one story and their location, height, size, building materials and colors must be approved in writing by the Committee, prior to construction. Notwithstanding the above language regarding the requirement for garages, a house that is built facing the street with rear parking for at least two (2) vehicles and with a twenty-five-foot (25~ setback restriction is not required to have a garage. Window unit air conditioners, seen from any street, arc not allowed anywhere in the residential structure, including any enclosed area visually detectable from the street. No exterior door or window may be added to the fivnt of the house unless approved in writing by the Committee, which approval may be withheld solely at the discretion of the Committee. 9. EASEMENTS Easements for installation or maintenance of utilities, access and drainage are reserved as shown and provided for on the recorded plats. No building or other permanent structures are allowed on these easements, except for driveways, sidewalks, culverts, foot bridges, porches and fences. Future use of these easements as improved bicycle or walking paths is permissible. Any construction over and across a drainage easement must be approved by the City and the Committee. All easements are to be maintained by the owner of the lots where the easements exist. The repair and maintenance of fences built by the owner of a lot, and damaged by others having legal access to the easement, will be at the expense of the owner. 10, NUISANCES PROHIBITED No noxious, loud or offensive activity shall be permitted upon any portion of the Subdivision, nor shall anything be done on any lot which may be or become an annoyance or nuisance to the neighborhood or other portions of the Subdivision. 11. TEMPORARY STRUCTURES PROHIBITED AS RESIDENCES A structure of temporary character, including but not limited to, mobile homes, motor homes, recreation vehicles, trailers, tents, shacks, garages, barns, basements or other outbuilding, shall not be used or located on any lot at any time as a residence, either temporarily or permanently. JDW,CF)t HORSE HAVEN 07-0227kUSTRiC ONS PHASE 4 Doc ek Vol Fs 01039976 OR 9290 255 12. SIGNS AND WINDOW SCREENS No signs of any kind shall be displayed to the public view on any building site or lot, except such signs as shall have been approved by the Committee. However, a professional looking "For Sale" sign (when a lot or home is for sale) shall not be rejected by the Committee. No foil paper, cardboard, plywood, newspaper, sheets or other bed linen, or other unsuitable materials will be allowed to screen or cover windows, either internally or externally, except for an emergency of three (3) weeks or less. The Committee's decision about the suitability of window coverings shall be final. 13. NO MINING OPERATIONS No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon any lot, nor shall any mineral wells, pumps, compressors, tanks, tunnels, mineral excavations or shafts be permitted upon any building site. No derrick or other structure designed for use in boring for oil, natural gas, or any mineral or substance, shall be erected, maintained or permitted on any lot. 14. LIVESTOCK No animals, livestock, poultry or insects of any kind shall be raised, bred or kept on any lot, except that dogs, cats, fowl, or other household pets may be kept if they are not used, maintained or bred for any commercial purposes, and provided such pets do not become a nuisance to the neighborhood or a clanger to neighbors. 15. MAINTENANCE OF BUILDING SITES AND LOTS All building sites and lots, whether improved or unimproved, shall be kept in a sanitary, clean and attractive condition and shall in no event be used for storage of material and equipment except for normal residential requirements incidental to construction of improvements thereon as herein permitted. No owner of any lot shall permit the accumulation or burning of garbage, trash or rubbish of any kind thereon. Those portions of each improved lot that are visible from the street, primarily the front yard, shall be maintained with domestic grass and/or suitable ground cover, integrated with any natural trees and bushes that may be incorporated into the landscaping. In any case, whether a yard is primarily covered with grass and/or ground cover or largely covered with natural growth, the yard shall be kept in a manner consistent with a well-maintained attractive neighborhood rOW:CFR HORSE HAVEN 07.0227tRFSTRICTrONS PHASE 4 Doi P* Vol Fs 01039976 OR 4296 256 If the owner of a lot fails to keep the grass and vegetation cut as often as may be necessary to maintain the lot in a neat and attractive condition, the Association may have the grass or vegetation cut, and the lot owner shall be obligated to pay, or otherwise reimburse the Association, for the cost of such work. By acceptance of its grant deed, each lot owner in the Subdivision grants to the Association authority to enter upon such owner's property without threat of trespass or other liability against the Association excepting willful misconduct by the Association, its officers, employees and agents. All clothes lines, yard equipment (including lawn chairs, benches, tables, swings, and the like), outdoor cooking equipment (barbeque pits, hibachis and the like), play equipment (swing sets, slides, pool, etc.), wood piles or storage piles shall be kept screened by a solid wood or masonry fence, service yard, drying yard or other similar facility as herein otherwise provided, so as to conceal than from view of streets. Tool sheds, fences and any other construction or improvements shall be subject to approval by the Committee. No fences may be built on the front of any lot unless approved in writing by the Committee. The Committee shall have the right to enforce action to remove violations by injunctive relief if necessary to assure aesthetic quality of the Subdivision. 16. Vl MCLES No vehicle or trailer, which is inoperative, wrecked, dismantled, discarded or which does not have (i) a lawful license affixed thereto, (ii) an unexpired license plate or plates, and (iii) a valid unexpired motor vehicle safety inspection certificate, shall be permitted upon any lot. If visible from the street for a period longer than 72 hours such violative vehicles shall be subject to being towed away by the Association at the owner's expense. No truck or van with more than two axles, service vehicles (including but not limited to, those containing multiple tool boxes, ladder racks, welding equipment, construction equipment or other similar equipment or accessories), boat, trailer, motor home, mobile home, house trailer, or recreational vehicle, may be kept on the street in front of any lot, or upon any lot, unless it is kept inside the garage or yard areas, behind fences or walls, and concealed from public view and adjoining Property. No vehicle of any kind may be parked on lawn areas for any reason. These restrictions shall not apply to any vehicle, machinery, or maintenance equipment temporarily parked and used for the construction, repair and maintenance of the Subdivision or of any properties in the Subdivision. Passenger vehicles may be parked on the street in front of lots for periods of time not to exceed twelve (12) hours in any twenty-four (24) hour period. Any vehicle parked for a longer time may be towed away by the Association at the owner's expense. This restriction is not to be construed to prohibit periodic overnight guests from parking on the street, but is to specifically prohibit residents from using the street as the usual overnight parking for vehicles. No major repair work, dismantling, or disassembling of motor vehicles or other machinery or equipment shall be permitted in or on any driveway, street, garage, carport or any part of any lot. Notwithstanding the above language, no cars, trucks, motorcycles, motor homes or other vehicles of any type may be parked on Appomattox Street. JDw:CFR HORSE HAVEN 07.0227%RMMCTTONS PHASE 4 Doe Ek Vol Ps 01039976 OR 9290 257 No motorcycles, motorbikes, dirt bikes, motor scooters, go-carts, or three- and four-wheel "off-road' vehicles, nor any similar vehicles, whether licensed or unlicensed may be operated on any lot in the Subdivision. Furthermore, no motor vehicle may be operated in such a manner that may be or become a danger, nuisance or annoyance to the neighborhood. 17. STORAGE OF MATERIALS No building material of any kind or character shall be placed or stored upon any residential lot until the owner is ready to commence construction of improvements, and then, only if such material shall be placed within the property lines of the lot being improved, No building materials, material scraps, stumps, trees, underbrush, or any refuse of any kind, shall be placed on any other lot, streets or easements in the Subdivision, other than the lot being improved. All such material, if not disposed of immediately, must remain on the lot upon which the construction work is in progress, and after the completion of such improvements, such material shall be removed from the lot within three (3) days of said completion. 18. GARBAGE AND REFUSE All lots shall at all tunes be kept in a clean, sanitary and attractive condition except during approved construction. No lot shall be used or maintained for storage of materials, nor as a dumping ground for rubbish, trash, garbage, or other waste. All household waste shall be kept only in sanitary containers provided or approved, by the City. No garbage cans or refuse containers shall be placed or permitted to remain at the front of a residence either within the street or on the lot or right-of=way, except upon those days scheduled for garbage and refuse collection by the City or a privately contracted collector. 19. FENCES, WALLS, AND MAILBOXES No fence, wall, or any other structure shall be erected, added or placed on any lot nearer to any fivnt lot time than the nearest front comer of the residential dwelling, unless approved in writing by the Committee. All fences, walls amf mailboxes shall be of a nature and quality so as to be harmonious with, and enhance, and not detract from the general appearance of the Subdivision and must be approved in writing by the Committee prior to construction. Each individual lot owner is responsible for keeping, repaui% replacing and maintaining any existing fence of wall that is on the owner's lot or adjacent right-of-way. All fences will be made of cedar, spruce, fir, pine, redwood or ornamental metal unless otherwise approved by the Committee. Cyclone fences are allowed only if fully screened from public view (i.e., "dog runs'); however, any and all such cyclone fences and the use thereof must first be approved in writing by the Committee. Fences may be reasonably stained to enhance natural appearance but are not to be painted unless approved by the Committee. The "good side" of the fence (that is, the side that JDW:CFR HORSE HAVEN 07-0227VJMSTRTCTTONS PHASE 4 Dor 8k Vol F9 01039976 OR 9290 258 shows fence slats or pickets only) shall always face the public street closest to such fence. Final approval of fencing and its facing shall be at full discretion of the Committee. 20. CONSTRUCTION STANDARDS All construction must meet the requirement and specifications set forth by the City's building codes and ordinances. Where riot otherwise specified by such codes and ordinances, the requirements set forth by these Restrictions shall prevail. 21. FIREARMS The use or discharge of pistols, rifles, shot guns, or other firearms or firecrackers/fireworks is expressly prohibited in or on any part of the Subdivision. Except for construction tools such as nail guns, any kind of unit that propels dangerous objects by air or spring-action, etc. shall not be used or discharged in or on any part of the Subdivision. No hunting or trapping of any kind is allowed in the Subdivision. 22. ANTENNAE No external antennas of any kind shall be permitted or allowed on any lot within the Subdivision without prior written approval of the Committee as to antenna size, height, placement, and visibility. No satellite antenna nor any antenna dish may be parked, erected, or installed either permanently or temporarily, on any lot except in backyard areas where it is substantially concealed from public view. 23. OBLIGATION OF LOT OWNER It is the obligation of each individual lot owner to familiarize himself or herself with these restrictions and to comply with them The Committee, the Association or any lot owner in the Subdivision is authorized to initiate any legal action necessary tD enforce these restrictions. 24. HORSE HAVEN ESTATES HOMEOWNERS ASSOCIATION There has been formed a mutual non-profit corporation ("Corporation") under the laws of the State of Texas, in which the owner of each lot in Horse Haven Estates Subdivision, Phases Two and Three, have agreed to become, and shall be, a member. All lots in Phase Four of Horse Haven JDW:CFR HORSE HAVEN 07.0227\RESTRICTIONS PHASE 4 { Doc 9V Vol P9 01039976 OR 7290 259 Estates Subdivision must also be members of such homeowners association. The name of said Corporation is Horse Haven Homeowners Association C Association"). The Articles of Incorporation of said Corporation specify, among the purpose and duties of said Corporation, the enforcement of all said restrictions, covenants and conditions and payment of any and all legal and other expenses in connection therewith; the maintenance, preservation and improvement of property in the Subdivision; the keeping and maintaining said property, and every lot therein, in a clean and sanitary condition, including the removal of weeds and rubbish from vacant property and streets; providing for security guards and/or security aids, if approved by a vote of the majority of the Members of the Association; appointing members to the Committee and keeping it accountable to members, so far as it may . lawfully act; maintaining communication among neighbors; engaging in common interest issues; and transacting other business as may be permitted by law. Each member of said Association agrees to pay to said Corporation, dues or assessments ("Assessment') for such purpose which may be fixed by law or by lawful acts of the Association's Board of Directors ("Board'). The initial assessment payable to said Corporation/Association is $100.00 per year. Such sum shall be payable annually in advance. In any calendar year Assessments shall never increase by more than ten percent (10%) of the amount payable in the prior year except upon written approval, to the contrary, of owners of not less than ninety percent (901/o) of the lots all existing Phases of Horse Haven Estates Subdivision. The Association may contract with third Parties for the Performance of the agreements herein stated and the Association has an automatic right to post a lien on any property on which the assessments are in arrears. It is understood and agreed that the Articles of Incorporation and By-Laws of said Corporation shall provide for substantially the following definitions: Mmbembip: Every person or entity who is a record owner of any lot in Horse Haven Estates Subdivision, including existing Phases, future Phases, or this Phase (which by covenants of record is subject to Assessment by the Association), shall be a member of the Association, provided that any such person or entity does not hold such interest merely as a security for the performance of an obligation. V&g Rigs: The Association shall have two classes of voting memberships: Class A: Class A members shall be all those Lot owners other than the Developer or a contracted or speculative Builder as defined by the Developer. When more than one person holds such interest or interest in any lot, all such persons shall be members, and 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. Class g: Class B members shall be the Developer and any Builder, as defined by the Developer. The Class B member shall be entitled to four votes for each lot in which it holds the interest required for membership, provided that the Class B membership shall cease and become converted to Class A membership on the occurrence of any of the following events, whichever is first: JDW:CFR HORSE HAVEN 07-02271RrzSTRICTIONS PHASE 4 10 Doc 9k, Vol F'9 01039976 DR 9290 360 (a) When the lot is sold to a third person other than a Developer or a Builder, or (b) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership. From and after the happening of these events, whichever occurs earlier, the Class B member shall be deemed to be a Class A member and entitled to one vote for each lot in which it holds the interest required for membership. It is fiather understood and agreed that the Articles of Incorporation shall provide that the Corporation's existence shall be perpetual and that the Developer or its agent shall have the right and duty to appoint the initial Board of Directors of the Association and take all other steps necessary to assure the creation, existence and organization of the Corporation/Association. A copy of the Articles of Incorporation and By-Laws have been recorded in the Official Records of Brazos County, Texas. 25. ASSESSMENTS Any assessments or other charges and assessments not paid within thirty (30) days after the due date shall bear interest from the due date at the lesser of (i) the rate of eighteen percent (18%) per annum or (n) the madmu n rate permitted by law. The Association may bring an action at law against the Owner personally obligated, as applicable, to pay the same or foreclose the above described lien against the Owner's Lot, as provided below. In order to secure the payment of the Assessment, and other charges and assessments hereby levied, a vendor's (purchase money) lien for the benefit of the Association, shall be and is hereby reserved in the Deed from the Declarant to the purchaser of each Lot, or portion thereof, which lien shall be enforceable through appropriate judicial and/or non judicial proceedings by the Association. As additional security for the payment of the Assessment, and other charges and assessments hereby levied, each owner of a Lot, in the subdivision by such party's acceptance of a deed thereto, hereby grants the Association a contractual lien on such Lot, which may be foreclosed on by non judicial foreclosure and pursuant to the provisions of Section 51.002 of the Texas Property code (and any successor statute), and each such Owner hereby expressly grants the Association a power of sale in connection therewith. The Association shall, whenever it proceeds with non judicial foreclosure pursuant to the provisions of said Section 51.002 of the Texas Property Code and said power of sale designate in writing a Trustee to post or cause to be posted all required notices of such foreclosure sale and to conduct such foreclosure sale. The Trustee may be changed at any time and from time to time by the Association by means of a written instrument executed by the President or any Vice President of the Association and filed for record in the Real Property Records of Brazos County, Texas. In the event that the Association has determined to non-judicially foreclose the lien provided herein pursuant to the provisions of said Section 51.002 of the Texas Property Code mid to exercise the power of sale hereby granted, the Association shall mail to the defaulting Owner a copy of the Notice of Trustee's Sale not less than twenty-one (21) JDW:CFR HORSE HAVEN 07-022TRESTRICTIONS PHASE 4 Doc Rk Vol P9 01039976 OR 9290 261 days prior to the date on which said sale is scheduled by posting such notice through the U. S. Postal Service, postage prepaid, certified, return receipt requested, properly addressed to such Owner at the last known address of such Owner according to the records of the Association. If required by law, the Association or Trustee shall send any curative period notice to the Owner and also cause a copy of the Notice to Trustee's Sale to be recorded in the Real Property Records of Brazos County, Texas. Out of the proceeds of such sale, if any, there shall first be paid all expenses incurred by the Association in connection with such default, including reasonable attorney's fees and a reasonable trustee's fee; second, from such proceeds there shall be paid to the Association an amount equal to the amount in default; and, third, the remaining balance shall be paid to such Owner. Following any such foreclosure, each occupant of any such Lot, foreclosed on and each occupant of any improvements thereon shall be deemed to be a tenant at sufferance and may be removed from possession by any and all lawful means, including a judgement for possession in an action of forcible detainer and the issuance of a writ of restitution thereunder. In the event of non-payment by any Owner of any Assessment, or other charge or assessment levied hereunder, the Association may, in addition to foreclosing the lien hereby retained, and exercising the remedies provided herein, upon thirty (30) days prior written notice thereof to such nonpaying Owner, exercise all other rights and remedies available at law or in equity. It is the intent of the provisions of this Section 25 to comply with the provisions of said Section 51.002 of the Texas Property Code relating to non judicial sales by power of sale and, in the event of the amendment of said Section 51.002 of the Texas Property Code hereafter, the President or any Vice President of the Association, acting without joinder or any other Owner of mortgagee or other person may, by amendment to this Declaration filed in the Real Property Records of Brazos County, Texas, amend the provisions hereof so as to comply with said amendments to Section 51.002 of the Texas Property Code. In addition to the right of the Association to enforce the Assessment, or other charge or assessment levied hereunder, the Association may file a claim or lien against the Lot, of the delinquent Owner by recording a notice ("Notice of Lien) setting forth (a) the amount of the claim of delinquency, (b) the interest and costs of collection which have accrued thereon, (c)the legal description and street address of the Lot, against which the Lien is claimed and (d) the name of the Owner thereof. Such Notice of Lien shall be signed and acknowledged by an officer of the Association or other duly authorized agent of the Association. The lien shall continue until the amounts secured thereby and all subsequently accruing amounts are fully paid or otherwise satisfied. When all amounts claimed under the Notice of Lien and all other costs and assessments which may have accrued subsequent to the filing of the Notice of Lien have been fully paid or satisfied, the Association shall execute and record a notice releasing the lien upon payment by the Owner of a reasonable fee as fixed by the Board of Trustees to cover the preparation and recordation of such release of lien instrument. Any Vice-President, the Treasurer or the Manager of the Association shall, within ten (10) days of written request and upon payment to the Association of such fee as is from time to time determined by the Board, famish to any Owner or such Owner's mortgagee which request the same, a certificate in writing signed by such officer or manager setting forth whether the 1DW:CFR NORSE HAVEN 07.0227\A$STRICTIONS PHASE 4 12 Doc 0k Vol P9 01039976 OR 4290 262 Assessment for which such Owner is responsible has been paid, and, if not paid, the outstanding amount due and owing, together with all fines, accrued interest and other penalty charges. Such certificate shall be conclusive evidence against all but such Owner of payment of any Assessment stated therein to have been paid. Declarant VoluW CQAUMons. Notwithstanding anything contained herein to the contrary, the Declarant shall not be required to pay the Assessment on any Lots owned by the Declarant; but in the event that a deficit may exist between the Assessments and the annual budget of the Association, the Declarant may elect (but shall not be obligated) to fiord such deficit with a non-refundable contribution to the Association. Subordination of the Lien The liens granted herein and the superior title herein reserved to secure any Assessment, Reimbursement Assessment or any other charge or assessment provided for herein shall be deemed subordinated to any vendor's lien or the lien of any purchase money, construction mortgage and/or second mortgage on the assessed Lot, and any renewal, extension, rearrangement or refinancing thereof. Each such mortgagee of a mortgage encumbering a Lot, who obtains title to such Lot, pursuant to the remedies provided in the Deed of Trust or Mortgage, by judicial foreclosure or by deed in lieu of foreclosure shall take title to such property flee and clear of any claims for unpaid Assessments, or any other charge or assessment provided for herein which accrued prior to the time such holder acquires title to such property. No such sale or transfer shall release such holder acquiring title to such property from liability for any Assessment, or any other charge or assessment provided for herein thereafter becoming due or from the liens hereof. Any other sale or transfer of a Lot, shall not affect the Association's liens created herein for assessments and charges. FX=Property. The following property subject to this Declaration shall be exempt from the Assessments and all other charges and assessments created herein: (a) All properties dedicated to and accepted by a local public authority; (b) Any Common Area; and (c) All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Texas; however, no land or Improvements devoted to dwelling use shall be exempt from said Maintenance Assessments or other charges and assessments. (d) Any lots or property that is held in the name of the Developer-, once a lot has been sold or conveyed by the Developer to a third person or party, this exemption no longer applies. JDW:CFR HORSE HAVEN 07-02271RESTRICTIONS PHASE 4 13 Doc Bk Vol P9 (11439976 OR 9294 263 26. PERIOD OF RESTRICTIONS These reservations, restrictions, covenants and easements are to run with the land and shall be binding on all parties and all persons for a period of twenty (20) years from the date this instrvmetrt is first recorded. Thereafter, said reservations, restrictions, covenants, and easements shall be automatically extended for successive periods of ten (10) years each, unless an instrument, signed by the majority of the owners of the lots wtthirr the Subdivision, has been recorded, agreeing to change, amend or cancel said reservations, restrictions, covenants and easements in whole or in part. 27. ENFORCEABILITY The covenants, reservations, easements and restrictions set out herein are for the benefit of any owner of a lot or lots in the Subdivision, said owner's heirs, executors, administrators, or assigns, and the Association. Accordingly, all' of the covenants, reservations, easements, and restrictions contained herein shall be construed to be covenants running with the land, enforceable at law or in equity, by any one or more of said parties. 28. SEVERABILTY Invalidation of any one or more of these reservations, restrictions, covenants and easements by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect 29. RIGHTS OF MORTGAGES Any violation of any of the easements, restrictions, reservations or covenants contained herein shall not have the effect of impairing or affecting the rights of any mortgagee or trustee under any mortgage or deed of trust outstanding against any lot at the time the easements, restrictions, reservations or covenants may be violated. 30. AMENDMENT The restrictions, reservations and covenants may be amended in whole or in part by the Developer at any time prior to the sale of any Subdivision lot hereinabove contained to a third party exclusive of home builders. Thereafter, these restrictions and covenants may be amended JDW:CFR HORSE HAVEN o7.o2271RESTRICTI0NS PHASE 4 14 Doe_ Sk Vol Ps 01034976 OR 9290 264 by an instrument signed by the majority in interest of all lot owners in the Subdivision, based upon the votes per lot as set forth and determined in Article 24 of this document. Such instrument shall be filed of record in the Official Records of Brazos County, Texas. 31. ADDITIONAL PHASES Developer reserves the right to incorporate additional property or phases within this Declaration by supplement declarations hereafter, provided that the property so included shall be thereafter charged with all obligations, responsibilities, dues, assessments and charges applicable to other lots in other phases of the Subdivision from the effective date of each such supplemental declaration. Each lot owner in fitture Phases shall also be a member of the Association and have voting rights. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) JDW:CFR WORSE HAVEN 07.0227~RESTRICTIONS PHASE 4 IS Doc Bk. Vol F9 01039976 OR 9290 2E5 TDG MANAGEMENT, L.P., a Texas limited partnership By: TDG MANAGER, L.L.C., a Texas limited liability company, its Genc*r? mer , By. ~ -V, ( Managing OAKWOOD CUSTOM HOMES GROUP, LTD., a Texas limited partnership By. OAKWOOD CUSTOM HOMEBUIL R , L.C., a Texas limited liability company, its General Partner By: Alton E. ( Managing THE STATE OF TEXAS § COUNT' OF BRAZOS § This instrument was acknowledged before me on this the 2Y day of August, 2009, by Alton E. Ofczarzak, Managing Member of TDG Manager, L.L.C, a Texas limited liability company, acting in its capacity as General Partner of TDG Management, L.P., a Texas limited partnership, on behalf of said partnership. °'8. Notary Public, State of Texas CAROL FOSTER le: t~odry w,Wtc, State of texas My Commission Expires: My CwMi"Ien Exom I1UGM A 2013 JDW:CFR HORSE HAVEN 07.02271RESTRJCr10NS PHASE 4 16 i Doc ek Vol F9 01039976 OR 9290 266 THE STATE OF TEXAS COUNTY OF BRAZOS § 9/ This instrument was acknowledged before me on this the , day of August, 2009, by Alton E. Ofczarzak, Managing Member of Oakwood Custom Homcbuilders, L.L.C., a Texas limited liability company, acting in its capacity as General Partner of Oakwood Custom Homes Group, Ltd., a Texas limited partnership, on behalf of said partnership. 7ee, e~, - CAROL S. FO> R Notary Public, State of Texas Nd" PuW stele of Tens My Commission Expires: My Caeanbdm Exon AUGM 2a, 2013 7DW:CFR HORSE HAVEN 07.0227NRESnUCTIONS PHASE 4 17 Doc Qa Vol Ps 0 039976 OR 9290 267 CITIZEM BANK, the lienholder on Horse Haven Estates Subdivision, Phase Four, located in Brazos County, Texas, does hereby agree that in the event off mlosare on any of the prop uty in Horse Havel Estates Subdivision, Phase Four, the attached Declaration of Covenants and Restrictions ofHorse Haven Estates Subdivision, Phase Four, shall rernain in effect and not be vacated by such foreclosure action. WITNESS OUR HAND, this 1'~ day of August, 2009. CITIZENS BANK By; 1*.-Ws•A.4,4 Name: p*At 4.'4900.44 Tide: Lro- Wedl+a..(s A''f 44X THE STATE OF TEXAS COUNTY OF mo,04cxr 12TNI § This insirurnent was acknowledged before me on this the 21'" day of August, 2409, by MAR„ A) , &V- & ZW- s of CITIZENS BANK, on behalf of said bank, - , E. TRACEY BURIVIS Notary Public, State exas Notary Public MY ~ on EVircs: STATE OF TEXAS MY Comm. Exp. 01110/2611 A 0) m a ' yy 2 .'p~7 S C m F ap ' f ilemrox ro p• CUT 9 .e " O N. y a. 7 2 3 7V y~ p 00 0 r-4 C ~ ' R Ib TC Cr "01 cry ~ _ y rr n ~ ' m O ~ N aQ f 2- 1 fl ...f W O zr er V ~ ~ro ~ V nom.. O G rDW;G WATSOT WOW Hann 014n lCaaatCitium R , o w T ao~ ]C p Q Pr' N A w O Q r N 1.7 ~ a 00 C, , ~ro BILL & RMFINTO: Dot: U Vol Pe LAWYrE!J 1 41039976 OR 9290 254 GF DECLARATION OF COVENANTS AND RESTRICTIONS OF HORSE HAVEN ESTATES SUBDIMON, PHASE FOUR THE STATE OF TEXAS COUNTY OF BRAZOS WHEREAS, TDG MANAGEMENT, L.P., a Texas limited partnership, and OAKWOOD CUSTOM HOMES GROUP, LTD., a Texas limited partnership, collectively ("Developer and/or Declarant') is the owner of the subdivision in the City of College Station, Brazos County, Texas, (mown as HORSE HAVEN ESTATES SUBDIVISION, PHASE FOUR (herein sometimes called "Horse Haven Phase Four" or "Subdivision), being more particularly described on the Plat recorded in Volume 8976, Page 266 of the Official Records of Brazos County, Texas; and WHEREAS, Developer has previously filed Declarations of Covenants and Restrictions ("Declarations') for Phase Two and Phase Three of the Horse Haven Estates Subdivision, which Declarations are filed of record in Volume 7872, Page 283, Official Records of Brazos County, Texas, and in Volume 7923, Page 90, Official Records of Brazos County, Texas; and WHEREAS, the above referenced Declarations allow additional Phases to be brought into the existing Declarations; and WHEREAS, Developer desires the property described in Phase Four to be subject to and required members of the Horse Haven Estates Homeowners Association (described in Section 24 of this document), and which is the same Homeowners Association that governs Phases Two and Three of the Horse Haven Estates Subdivision; and WHEREAS, Developer desires to create and carry out an organized and uniform plan for the improvement, development, sale, and possession of all the numbered lots in all Phases of Horse Haven Estates Subdivision, for the benefit of present and future owners of Horse Haven Estates Subdivision; and WHEREAS, the property located in Phase Four of Horse Haven Estates Subdivision is brought within the Declarations except as modified herein: NOW, THEREFORE, Developer hereby adopts and establishes the following reservations, restrictions, covenants and easements to apply: (a) in the use, maintenance, occupancy, preservation of value and conveyance of all such numbered lots in the Subdivision; and (b) to use in each contract or deed, which may be executed, delivered and accepted. By acceptance of a contract, deed, or other conveyance therefore, whether of not it shall be so expressed in the deed or other conveyance, each lot owner shall be deemed to covenant and agree to the following reservations, restrictions, covenants and easements, regardless of whether or not such reservations, restrictions, covenants and easements are set out in full or referenced in said contract or deed (the headings being employed for convenience only, and not controlling over content). IDw:CFR HORSE HAVEN 07.0227MSMCTIONS PHASE 4 .11-1