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Home My WebLink About10-00500258- 00075142DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF VILLAGES OF INDIAN LAKES Doc Bk Vol F,9 00818093 OR 5375 34 DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF VILLAGES OF INDIAN LAKES TABLE OF CONTENTS ARTICLE 1 DEFINITIONS Page 1 1.01 "ACC" Page 1 1.02 "Access Road" Page 1 1.03 "Architectural Guidelines" Page 1 1.04 "Assessment" Page 2 1.05 "Association" Page 2 1.06 "Board" Page 2 1.07 "Common Areas" Page 2 1.08 "Conservation Areas and/or Easements, Corridors & Parks" Page 2 1.09 "Culvert Design Guidelines" Page 2 1.10 "Declaration" Page 2 1.11 `Development Period" Page 3 1.12 "Dwelling Unit" Page 3 1.13 "Easements" Page 3 1.14 "Fencing Guidelines" Page 3 1.15 "Fiscal Year" Page 3 1.16 "improvement Page 3 1.17 "Lake" Page 3 1.18 "Lake Lot" Page 3 1.19 "Lot" Page 3 1.20 `Member" Page 3 1.21 "Owner" Page 3 1.22 'Plat" Page 4 1.23 "Property„ Page 4 1.24 "SMD" Page 4 1.25 "Special Assessment" Page 4 1.26 "Stream Map and Identification Table" Page 4 1.27 "Structure" Page 4 1.28 "Subdivision" Page 4 1.29 "Supplemental Declaration" Page 4 1.30 "Telecommunication Guidelines" Page 4 1.31 "Trails" Page 5 1.32 "Waterway„ Page 5 1.33 "Wiring Guidelines" Page 5 ARTICLE 2 ARCHITECTURAL CONTROL COMMITTEE Page 5 2.01 Membership of Architectural Control Committee Page 5 2.02 Action of Architectural Control Committee Page 5 2.03 Advisory Members Page 5 Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes -ii- Doc- iak Vol F'o 00131809.:, OR 53 l55 35J 2.04 Term Page 5 2.05 SMD's Rights of Appointment Page 5 2.06 ACC Jurisdiction Page 5 2.07 Adoption of Architectural Guidelines and Rules by the ACC Page 6 2.08 Review of Proposed Construction Page 7 2.09 Preliminary and Final Plan Submission and Approval Process Page 8 2.10 Actions of the ACC Page 9 2.11 No Waiver of Future Approvals Page 9 2.12 Work in Progress Page 9 2.13 Nonliability of ACC Members Page 9 2.14 Certificate of Compliance Page 10 2.15 Variances Page 10 2.16 Governmental Agency Approval Page 10 2.17 Relationship with Association Page 10 2.18 Violation of Article 2 Page 10 2.19 Remedy Page 10 ARTICLE 3 INDIAN LAKES HOMEOWNERS ASSOCIATION(S) Page 11 3.01 Organization Page 11 3.02 Membership Page 11 3.03 Votinq Rights Page 12 3.04 Powers and Authority of the Association Page 12 3.05 Board of Directors Page 13 3.06 Maintenance Page 13 3.07 Common Areas Page 13 3.08 Association Powers Page 14 3.09 Agreements with City of College Station/Brazos County Page 15 3.10 Telecommunication Services Page 15 3.11 Indemnification Page 16 ARTICLE 4 RESTRICTIONS Page 16 4.01 Building Construction, and Use Restrictions Page 16 4.02 General Restrictions Page 19 4.03 Restrictions for Waterways and Lakes Page 21 4.04 Restrictions Relating to Conservation Development Page 22 ARTICLE 5 WATER SERVICE; NO PRIVATE WELLS Page 24 ARTICLE 6 RIGHTS OF ENJOYMENT IN THE COMMON AREAS Page 24 6.01 Easement Page 24 6.02 Extent of Members' Easements Page 24 6.03 Restricted Actions by Members Page 25 6.04 Delegation of Use; Damage to the Common Areas Page 25 6.05 Rules of the Board Page 25 6.06 Use of Common Areas Page 25 6.07 User Fees and Charges Page 25 6.08 Encroachments Page 26 Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes -iii- D a c Bk Vol F,9 00° 16093 OR 537-5 3C ARTICLE 7 FUNDS AND ASSESSMENTS Page 26 7.01 Assessments Page 26 7.02 Maintenance Fund Page 26 7.03 Regular Annual Assessments Page 26 7.04 Special Assessments Page 27 7.05 Owner's Personal Obligation for Payment of Assessments; Late Fees Page 27 7.06 Assessment Lien and Foreclosure Page 27 ARTICLE 8 EASEMENTS Page 28 8.01 Reserved Easements Page 28 8.02 Installation and Maintenance Page 28 8.03 Surface Areas Page 28 8.04 Drainage Easements Page 28 8.05 Blanket Easement Page 28 8.06 Drainage Maintenance Easement Page 29 8.07 Trail Easement Page 29 8.08 Riparian Management Easements Page 29 ARTICLE 9 MISCELLANEOUS PROVISIONS Page 29 9.01 Applicability Page 29 9.02 Term Page 29 9.03 Mortgagee Page 29 9.04 Assignment of SMD Rights and Duties Page 30 9.05 Run With Land Page 30 9.06 Deviations Page 30 9.07 Severability Page 30 9.08 Enlargement or Reduction of the Property Page 30 9.09 Amendment Page 31 9.10 Failure to Enforce Covenants Page 31 9.11 Covenants Do Not Create Reversion Page 31 9.12 Relief for Violation or Breach Page 31 9.14 Alteration of this Declaration Page 32 9.15 Assignment by the Association Page 32 9.16 Definition of "Titles" Page 32 9.17 Notices Page 32 9.18 Mutuality. Reciprocity. Runs with Land Page 32 9.19 No Warranty of Enforceability Page 33 9.20 Time is of the Essence Page 33 9.21 Maximum Interest Payable Page 33 9.22 Replatting Page 33 9.23 Conflict Page 33 Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes -Iv- Doc Bk Vol Pg 00818093 OR 5375 37 DECLARATION OF COVENANTS, CONDITIONS, RESERVATIONS AND RESTRICTIONS OF VILLAGES OF INDIAN LAKES STATE OF TEXAS § COUNTY OF BRAZOS § This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS of the Villages of Indian Lakes, is made effective as of the 18th day of June, 2003, by Smiling Mallard Development, Ltd, a Texas limited partnership (hereinafter sometimes referred to as "SMD"): WHEREAS, SMD is the owner of all that certain tract of land in Brazos County, Texas, which tract is described on Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, SMD desires to create and provide for the development and improvement and maintenance of the Subdivision (as defined below) for the mutual benefit and pleasure of the present and future property owners in such Subdivision, to protect and conserve the native beauty and natural plant and wildlife habitats of the Property (as defined below) and to protect the property values within such Subdivision by imposing upon and against all the designated lots therein the covenants, reservations, restrictions, and other provisions hereinafter set forth; NOW THEREFORE, the following restrictions, including without limitation restrictions, covenants, declaration, easements, limitations, charges, agreements, and conditions (hereafter collectively called the "Restrictions"), are hereby established and adopted to apply uniformly to use, occupancy and conveyance of all the Lots in the Subdivision. Every contract, deed or conveyance which may be hereafter executed with regard to any of the Property shall be conclusively deemed to have been executed, delivered and accepted subject to the following covenants, conditions and restrictions, even if the covenants, conditions and restrictions are not set out in full and are not incorporated by reference in such contract of sale, deed, lease or other transfer of and interest in such parcel. ARTICLE 1 DEFINITIONS The following words when used in this instrument shall have the following meanings: 1.01 "ACC" shall mean the Architectural Control Committee, established under Article 2 of this Declaration, and its successors and assigns. 1.02 'Access Road" shall mean any road depicted on the Plat or other publicly dedicated street, drive, boulevard, road, alley, lane, avenue or thoroughfare. 1.03 `Architectural Guidelines" shall mean those particular standards, restrictions, guidelines, recommendations and specifications promulgated by the ACC applicable to most of the aspects of construction, placement, location, alteration, maintenance and design of any improvements to or within the Property, and all amendments, bulletins, modifications, supplements and interpretations thereof, and including, without limitation, Fencing Guidelines and Wiring Guidelines. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 1 Doe Bk Vol Pg 00818093 DR 5375 38 1.04 'Assessment" shall mean and refer to the assessments levied by the Board pursuant to Article 7. 1.05 'Association" shall mean the non-profit association formed by SMD pursuant to Article 3 of this Declaration which has the power, duty and responsibility of maintaining and administering certain portions of the Property and all of the Common Areas, administering and enforcing this Declaration and otherwise maintaining and enhancing the quality of life and conserving the native beauty and plant and wildlife habitats within the Subdivision. 1.06 "Board" shall mean and refer to the Board of Directors of the Association. 1.07 "Common Areas" shall mean any and all areas of land within the Property which are known, described or designated as common areas, parks, conservation areas, recreational easements, floodway easement areas, lakes, ponds, dams, perimeter fences and columns, off-site monuments and directional signs, landscape easement, greenbelts, open spaces, paths and trails, and the like including without limitation those shown on any recorded subdivision plat of portions of the Property as well as those not shown on a recorded subdivision plat but which are intended for or devoted to the common use and enjoyment of the Members of the Association, together with any and all improvements that are now or that may hereafter be constructed thereon. The concept of Common Areas will also include: (a) any and all public right-of-way lands within the Property for which the City of College Station has required that the SMD and/or the Association expend private, non-reimbursable time and monies to care for and maintain, such as but not limited to: street medians, streetscape, trails, park areas and quasi-governmental service facilities; and (b) any and all facilities provided by the SMD and/or the Association to or for the benefit of the local police, fire and similar governmental departments for which no reimbursement via public funds is requested or anticipated. SMD may convey record title or easements to some or all of the Common Areas to the Association if, as and when deemed appropriate by SMD or as may be required by governmental officials, and SMD shall at all times have and retain the right to effect minor redesigns or minor reconfigurations of the Common Areas (particularly along the edges) and to execute any open space declarations applicable to the Common Areas which may be permitted in order to reduce property taxes, and to take whatever steps may be appropriate to lawfully avoid or minimize the imposition of federal and state ad valorem and/or income taxes. 1.08 "Conservation Areas and/or Easements, Corridors & Parks"hereinafter "CAC&P" shall mean and refer to those portions of the Common Areas, which by plat or other recorded instrument are restricted for use solely for conservation and passive recreation purposes. SMD or the Association (after the Development Period) reserves the sole and exclusive right to amend existing CAC&P's, add new CAC&P's and amend any permissible activities within or rights to access the CAC&P's. SMD and the Association make no guarantees or warranties of any nature for the longevity and mortality of habitats of any species on the Property. 1.09 "Culvert Design Guidelines "shall mean those guidelines referred to in Section 4.01.03 of this Declaration. 1.10 "Declaration" shall mean this "Declaration of Covenants, Conditions and Restrictions", together with any and all amendments or supplements hereto recorded in the Official Records of Brazos County, Texas. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 2 Doe B Vol Fg 001318093 OR 5375 39 1.11 "Development Period"shall mean a period commencing on the date of the recording of this Declaration in the Official Records of Brazos County, Texas and continuing thereafter until and ending on the earlier to occur of: (a) substantial completion of all development (including without limitation the completion and sale of all Lots to third parties) within the Property; (b) the twentieth-fifth (25") anniversary of the date of recordation of this Declaration in the Official Records of Brazos County, Texas; or (c) the date determined by SMD to be the end of the Development Period. 1.12 "Dwelling Unit" shall mean any building or portion of a building situated upon the Property which is designed and intended for use and occupancy as a residence by a single person, a couple, a family or a permitted family size group of persons. 1.13 "Easements" shall mean those easements more particularly described in Article 8 of this Declaration. 1.14 `Fencing Guidelines"shall mean thosefencing guidelines described in Section 4.01.17 of this Declaration. 1.15 "Fiscal Year" shall mean the fiscal year adopted by the Association, which will initially be January 151 through December 311t until changed by the Board. 1.16 "Improvement" shall mean any physical change to raw land or to an existing structure which alters the physical appearance, characteristics or properties of the land or structure, including but not limited to adding or removing square footage area space to or from a structure, painting or repainting a structure, or in any way altering the size, shape or physical appearance of any land or structure. 1.17 "Lake" shall mean the lake(s) established on the Property by SMD. 1.18 "Lake Lot" shall mean a Lot having at least one property line that abuts a Lake. 1.19 "Lot" shall mean those Lots shown on a plat of all or a portion of the Property filed of record with the Clerk of Brazos County, Texas covering property made subject to this Declaration after the date hereof in accordance with Section 9.08. The term "Lot" does not include the Common Areas or any portion thereof. In the case of a parcel of land within the Property, which has not been platted into Lots, the parcel shall be deemed to contain the number of Lots designated by the SMD on the then current development plan for such parcel of land unless or until a different number of Lots is platted. 1.20 "Member shall mean each Owner who is in good standing with the Association. 1.21 "Owner"shall mean the record owner, whether one (1) or more persons or entities, of the fee simple title to any Lot, or any part or interest therein, but shall not mean or refer to any mortgagee, under any applicable theoryof mortgage, unless and until such mortgagee has acquired legal title pursuant to foreclosure or any proceeding in lieu of foreclosure. The term "Owner" shall further include any person or entity claiming title to any Lot or portion thereof by adverse possession, and any person or entity claiming interest in a Lot or part thereof under a contract of sale. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 3 Doc Bk Vol Rg 00818093 OR 5575 40 1.22 "Plat" shall mean the plat of the Property to be recorded in the Official Records Brazos County, Texas, or any other plat recorded in the Official Records of Brazos County, Texas of all or any portion of the Property. 1.23 "Property" shall mean the real property described on Exhibit "A" and any other real property made subject to this Declaration after the date hereof in accordance with Section 9.08. 1.24 "SMD"shall mean and refer to Smiling Mallard Development, Ltd. and any successor(s) and assign(s) of Smiling Mallard Development, Ltd., with respect to the voluntary disposition of all (or substantially all) of the assets and/or ownership interests of Smiling Mallard Development, Ltd., and/or the voluntary disposition of all (or substantially all) of the right, title and interest of Smiling Mallard Development, Ltd. in and to the Property. However, no person or entity merely purchasing one or more Lots from Smiling Mallard Development, Ltd. in the ordinary course of business shall be considered a successor or assign of SMD for purposes of this Declaration. 1.25 "Special Assessment" shall mean and refer to any assessment levied by the Board pursuant to Section 7.04. 1.26 "Stream Map and Identification Table" shall mean and refer to the Stream Map and Identification Table described in Section 4.04.02 to be promulgated and modified by the ACC from time to time to identify the Waterways existing on the Property. 1.27 "Structure" shall mean and refer to: (a) any thing or device, other than trees, shrubbery and landscaping (the placement of which upon any Lot shall not adversely affect the appearance of such Lot) including but not limited to any building, garage, outbuilding, porch, shed, greenhouse or bathhouse, cabana, coop or cage, covered or uncovered patio, swimming pool, play apparatus, clothesline, fence, curbing, paving, wall or hedge more than two feet in height, signboard or other temporary or permanent living quarters or any temporary or permanent Improvement to any Lot; (b) any excavation, fill, ditch, diversion dam or other thing or device which affects or alters the flow of any waters in any Waterway, wash or drainage channel from, upon or across any Lot; (c) any enclosure or receptacle for the concealment, collection and/or disposition of refuse; and (d) any change in the grade of any Lot of more than six (6) inches from that existing at the time of initial construction approval by the ACC. 1.28 "Subdivision" shall mean the Indian Lakes Subdivision (sometimes also referred to the "Villages of Indian Lakes"), to be developed on the Property pursuant to the plat(s) recorded in the Official Records of Brazos County, Texas, or such other subdivision(s) made subject to this Declaration after the date hereof in accordance with Section 9.08, as well as any and all revisions, modifications, corrections or clarifications thereto. 1.29 "Supplemental Declaration"shall mean a separate declaration of covenants, conditions and restrictions which is imposed on a portion of the property within the jurisdiction of the Association and which is administered by and may be enforced by the Association. 1.30 "Telecommunication Guidelines"shall mean those telecommunication guidelines described in Section 3.10 of this Declaration. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 4 Doc Bk Vol Pg 00818053 OR 5375 41 1.31 "Trails"shall mean and refer to the pedestrian, equestrian and hybrid mixed use trails on the Property maintained by the Association and more particularly described in Section 4.04.03. 1.32 "Waterway" shall mean refer to any lake, river, stream, canal or other bodyofwater, including, without limitation, water channels of any classification whether perennial, intermittent, ephemeral or man made and water shed/drainage courses within or adjacent to the Property, whether or not such body of water continuously contains water, and all Waterways designated on the Stream Map and Identification Table. The ACC shall, in its sole and absolute discretion, make all determinations as to whether a body of water or water course constitutes a Waterway. 1.33 "Wiring Guidelines" shall mean those wiring guidelines described in Section 4.01.15 of this Declaration. ARTICLE 2 ARCHITECTURAL CONTROL COMMITTEE 2.01 Membership of Architectural Control Committee. The Architectural Control Committee shall consist of at least one (1) and not more than four (4) voting members ("Voting Members") and such additional nonvoting members serving in an advisory capacity ("Advisory Members") as the Voting Members deem appropriate. The following persons are hereby designated as the initial Voting Members of the ACC: Paul J. Clarke, Pamila Johnson and Cindy Miller. The ACC shall maintain records of the member appointments and its actions as a committee. In the event a member resigns or no longer serves for any reason, the remaining Voting Members shall select a replacement. 2.02 Action of Architectural Control Committee. Items presented to the ACC shall be decided by a majority vote of the Voting Members. 2.03 Advisory Members. The Voting Members mayfrom time to time designate Advisory Members. 2.04 Term. Each Voting Member of the ACC shall hold office until such time as he or she has resigned or has been removed or his or her successor has been appointed as provided herein. 2.05 SMD's Rights of Appointment. During the Development Period, SMD shall have the right to appoint and/or remove all Voting Members of the ACC, which persons need not be drawn from Association Members. Notwithstanding the preceding sentence, SMD may delegate its right of appointment, or any portion thereof, to the Board of Directors of the Association (the "Board") by written instrument before such date. After the Development Period, the Board shall have the right to appoint all Voting Members. At such time as the Board gains the right to appoint and remove Voting Members of the ACC, or any portion or this right, a majority of the Voting Members so appointed shall be drawn from Members of the Association. Advisory Members shall, when reasonably possible, be drawn from Members of the Association. 2.06 ACC Jurisdiction. No Structure, fence or Improvement of any kind or nature shall be erected, placed or altered on any Lot and no damming of Waterways or construction within seventy-five feet (75') (or such greater distance as determined by the ACC from time to time for particular Waterways) of a stream, channel or Waterway shall occur until all plans and specifications for such construction have been submitted to and approved in writing by the ACC pursuant to Section 2.09 by a majority of its Voting Members, as to: 2.06.01 quality of workmanship and materials, adequacy of site dimensions, adequacy of structural design and proper facing of main elevation with respect to nearby streets in accordance with this Declaration and/or bulletins; 2.06.02 minimum finished floor elevation and proposed footprint of the Structure, if applicable; Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 5 Doc Bk Vol Pg 00818053 OR 5375 54 be interpreted to be as restrictive as possible while not violating the Act. The ACC may alter the provisions of this section with provisions set forth in the Telecommunications Guidelines. In the event of a conflict between this section and the Telecommunications Guidelines, the Telecommunications Guidelines shall prevail. 4.01.09 Storage of Building Materials. No building material of any kind or character shall be placed or stored upon any Lot more than thirty (30) days before construction of a Structure or Improvements are commenced, and then such material shall be placed within the building set back lines as established above. At the completion of such Structure or Improvements, such excess or scrap material must be immediately removed from the Lot. 4.01.10 Construction Debris. No stumps, trees, underbrush or any refuse of any kind or scrap material from Improvements being erected on any Lot shall be placed on any other Lot, the Access Roads, the Common Areas, Trails or Easements. 4.01.11 Change of Elevations. Exposed openings resulting from any excavation made of any Lot shall be backfilled and the disturbed ground shall be leveled. No change of elevation on any Lake Lot greater than six (6) inches shall be made without the approval of the ACC. 4.01.12 Mailboxes. Mailbox stanchions must predominantly utilize materials also used predominantly in the construction of the exterior of Improvements on a Lot or used in the Subdivision entry feature. The design and construction of mailbox stanchion must have the prior written approval of the ACC. If SMD or the Association supplies a designated postal box within the Subdivision for a Lot, then an Owner may be required to utilize the supplied box in lieu of a free standing mailbox on the Access Road in front of such Owner's Lot. 4.01.13 Utility Lines. No utility lines, including, but not limited to, wires or other devices for the communication or transmission of telephone or electric current or power, cable television or any other type of line or wire shall be erected, placed or maintained anywhere in or upon any portion of a Lot unless the same shall be contained in conduit or cables installed and maintained underground or concealed in, under or on Improvements as approved in writing by the ACC, except what has already been constructed by the City of College Station or Bryan or Brazos County, prior to date hereof; provided, however, that no provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of Improvements which have been previously approved in writing by the ACC. The installation method, including but not limited to location, type of installation equipment trenching method and other aspects of installation for both temporary and permanent utilities, shall be subject to review and approval by the ACC. 4.01.14 Tanks. Except as otherwise approved by the ACC, all tanks for the storage of gas, propane or oil shall be installed below ground level. The ACC shall have the right to approve the location of any other type of tank used on a Lot. All tanks shall be screened so as not to be visible from any other Lot, Access Road or Trail. 4.01.15 Wiring Requirements. The ACC has issued or will issue Wiring Guidelines for the Dwelling Units in the Subdivision and may amend such Wiring Guidelines from time to time. All Dwelling Units are required to have a structured wiring system meeting the minimum requirements set forth in the Wiring Guidelines. 4.01.16 Completion of Construction. After commencement of construction of any Structure or Improvement, the work thereon shall be diligently prosecuted to the end that the Structure or Improvement shall not remain in a partly finished condition any longer than reasonably necessary for completion thereof. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 18 Doc Eck Vol Pg 00818093 OR 5375 55 4.01.17 Fencing. All fencing within view of any Access Road, Common Area, Dwelling Unit on another Lot, Trail or a Lake shall be of a size, design, color, location, height and material as determined and approved by the ACC. The ACC has issued Fencing Guidelines and may amend such Fencing Guidelines from time to time. Such Fencing Guidelines will include, without limitation, requirements regarding fence types, locations and quality of materials. Prior to designing, ordering or acquiring any fencing materials or designs for a Lot, all Owners should obtain the current version of the Fencing Guidelines from the ACC. No wire fence (hog wire, chicken wire or chain link) -may be built if visible from an Access Road, Trail, Common Area, and Dwelling Unit on another Lot or a Lake. Chain link fencing may be used in areas not within view of any Access Road or a Lake as long as the fencing is coated in green, brown, or black vinyl. No fencing shall be constructed which obstructs the Trails or Trail Easements. 4.01.18 Stormwater Management. Owners and their contractors shall be responsible for the management of stormwater during construction or ground disturbing activities to prevent erosion and sedimentation from leaving the immediate construction site or entering into any existing or contemplated Waterway, drainageways, and roadside ditches. During construction of a Dwelling Unit, Structure, Improvement, foundations, driveways, barns, approved landscape areas, or any other construction requiring soil grading activities, Owners and their contractors and agents must use appropriate stormwater management measures, such as silt fencing or hay bales between the construction area and drainageways. Final stabilization with seeding or mulch is required to minimize erosion following construction. 4.02 GENERAL RESTRICTIONS 4.02.01 Residential Use. Unless otherwise approved by SMD or by the Association after the end of the Development Period, each Lot in the Subdivision shall be used only for non-commercial, single family residential and recreational purposes. Only single-family residential dwellings and appurtenances ordinary to residential living shall be permitted. To this end, without limitation, the following structures may not be built on any Lot (excluding any portion of the Property owned by SMD) in the Subdivision; hospitals, clinics, rest homes, duplex houses, apartment houses, mobile homes, manufactured housing, hotels, or any retail wholesale, or other business or commercial establishments of any kind. 4.02.02 No Noxious Use. No noxious or offensive trade or activity shall be carried on upon any Lot nor shall anything be done which may be or become an annoyance or nuisance to other Owners or the Subdivision. 4.02.03 No Commercial Activities. Unless approved in writing by the ACC, no commercial activity of any kind shall be conducted on any Lot (excluding any portion of the Property owned by SMD). "Commercial activity" shall include but not be limited to, the offering for sale of any product or service, or the manufacture or growth of any product, for purposes of sale, without regard to whether such activities are conducted in or from a Dwelling Unit or otherwise. The ACC shall have the right and power to stop or restrict any such approved Commercial activity iftheACC determines in its sole discretion thatthe business or activity is detrimental to the Subdivision. 4.02.04 Animal Restrictions. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot within the Subdivision for commercial purposes. No swine maybe kept or maintained on any Lot. There will be no wild, exotic, or naturally undomesticated animals allowed to be caged or otherwise kept on any Lot. All poultry must be caged and must be kept no closer than fifty (50) feet of any Lot line. No animals including dogs and cats will be allowed to roam free in the Subdivision. In the event any animal creates a nuisance to the Subdivision in the sole and exclusive opinion of the ACC such animal will be removed from the Subdivision. The ACC shall have the right to enter and remove any such animal which is placed on any Lot in violation of this Section, and in so doing, shall not be liable and is expressly relieved from any liability for trespass or other sort in connection therewith, or arising from such removal. Each Lot shall Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 19 Dec Eck Vol i'g 00818093 OR 5375 ;E be allowed one horse (or mare and colt less than 12 months) per two (2) acres and/or one animal unit per 3.5 acres. The limits on horses and other animal units are not to be applied coextensively, for example, a 10 acre parcel may have: (a) five (5) horses; (b) two (2) cows and one (1) horse; (c) two (2) cows; or (d) three (3) horses and one (1) cow, etc. Cats and dogs shall not constitute animal units; however, the total number of cats and dogs on any Lot shall not exceed five (5). The ACC may grant variances to the restrictions contained in this Section for Lots having less than two (2) acres. 4.02.05 Signs. No sign, except: (a) signs (not exceeding 5 square feet in size) advertising property for sale or rent; (b) not more than two (2) political signs; (c) school spirit signs; or (d) security signs, advertisement, billboard, or advertising structure of any kind may be erected or maintained on any Lot without the consent in writing of the ACC. SMD or the ACC shall have the right to enter and remove any such sign, advertisement, billboard or structure which is placed on any Lot without such consent, and in so doing, shall not be liable and is expressly relieved from any liability for trespass or other sort in connection therewith, or arising from such removal. 4.02.06 Disposal of Trash. No part of the Subdivision shall be used or maintained as dumping grounds for rubbish. Trash, garbage or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 4.02.07 Neat and Clean Condition, Owners shall not permit the accumulation of trash, rubbish, weeds, or other unsightly obstacles on their Lots or on the Easements or on the streets abutting the same. Each Owner shall be responsible for proper disposition of his trash and garbage. Owners must maintain all portions of their Lots visible from an Access Road, Trail, Common Area or Dwelling Unit on another Lot in a neat and clean condition. 4.02.08 Drainage Maintenance. Owners shall be responsible for keeping Drainage Easements and Drainage Maintenance Easements free of obstructions and shall not permit fences or other obstructions to be placed in said easements. Owners shall also be responsible for stabilization of slopes in Drainage Easements and Drainage Maintenance Easements. 4.02.09 No Pollution. No act may be performed which is likely to pollute the air or water in any part of the Subdivision, nor may any Owner violate any federal, state or local ordinance or regulation designed to eliminate pollution at that time in force. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 20 Doc Bk Vol Rg 00816093 OR 5375 57 4.02.10 Firearms. Except as otherwise provided herein, no firearms may be discharged in the Subdivision or on any Lot, Easement Area or Common Area. On Lots of ten (10) acres or larger, shotguns maybe discharged. 4.02.11 Oil and Gas Drilling. No oil or gas drilling, boring, development, refining, quarrying or mining operations of any kind shall be permitted on the surface of any Lot, nor shall any wells, tanks, tunnels, mineral excavations or shafts be permitted on- the surface of any Lot. No derrick or other structures designed for use in boring or drilling for oil, natural gas, or other mineral shall be erected, maintained or permitted on any Lot. This paragraph does not prohibit the pooling of all or part of the Subdivision with other property for drilling of horizontal or slant hole wells, which do not interfere with the use of the surface of the Property. 4.02.12 No Vehicles in Common Areas. No motorized, including without limitation vehicles powered by electric, gasoline, diesel, propane or hydrocarbon-fueled engines shall be used in the Common Areas, including without limitation, on any Trails, and excluding any paved areas specifically designed for the parking or driving of automobiles; provided however, the Association and/or SMD may use motorized vehicles on the Trails for the construction, maintenance and repair of the Trails. Bicycle use in the Common Areas is restricted on Trails as provided by Section 4.04.03 and may be restricted in other portions of the Common Areas to areas designated by the Association. 4.02.13 Lot Subdivision Restrictions. No Lot may be subdivided into smaller lots within twenty (20) years after the date of this Declaration, without the prior written consent of SMD. This provision does not apply to any portion of the Property owned by SMD. 4.02.14 Storage of Vehicles. No trailer, recreational vehicle, tent, boat, or stripped down, wrecked, junked, or wholly inoperable vehicle shall be kept, parked, stored, or maintained on any portion of a Lot visible from an Access Road or another Lot for more than forty-eight (48) hours in a thirty (30) day period. 4.03 RESTRICTIONS FOR WATERWAYS AND LAKES **The Lake(s) in the Subdivision have been created under the approval of federal, state and local governmental entities. Any changes to these Restrictions regarding the Lake(s) or to the operation or conditions of the Lakes should not be made without first taking the necessary actions as required by any and all governmental authorities having jurisdiction over the Lake(s).** 4.03.01 Construction on Lake. Unless the prior written approval of SMD or, after the Development Period, the Association is obtained, which approval maybe withheld by SMD or the Association, as applicable, in their sole and absolute discretion: (a) no wharf, pier, bulkhead, or other structure or obstruction shall be built or maintained into or upon any Waterway or Lake. No structure or obstruction shall be permitted if it offers any threat whatsoever to safe navigation upon such Waterway or Lake or to the safe and convenient use of such Waterway or Lake as a recreation facility. (b) no boat canal shall be constructed or installed upon any Lot nor shall any facility or device be constructed or installed upon any Lot which shall in any way alter the course or boundaries of any Waterway or Lake, or which shall involve or result in the removal of water from any Waterway or Lake. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 21 1ih08Doc18093 Bk 5375Vo 1 58Fig OR (c) no boats, hoists, launching facilities or any similar type of structures or equipment shall be installed, constructed or maintained upon any Lot, nor shall any boat trailer be stored on any Lot in such manner as to violate the regulations of the Association. 4.03.02 Boats. No boat powered by gasoline, diesel, propane or hydrocarbon-fueled engine of any kind shall be operated upon any Waterway or Lake without the prior written approval of the Association. Boat operation on any Waterway shall conform to all rules and regulations promulgated by: (a) Association; and (b) applicable governmental authorities concerning the use of the boats. The Association may further, by rule, regulate and limit the size, type and number of water craft used on a Lake or Waterway. 4.03.03 Fishing Regulation. A limit of the type and quantity of fish taken from a Lake or Waterway may be established by rules of the Association from time to time. Owners and their family, guests and tenants shall comply with all applicable government regulations relating to fishing on the Lakes and Waterways. 4.03.04 No Removal of Water. No water may be pumped or otherwise removed from a Lake or Waterway for the private use of any Owner. 4.03.05 Erosion Control. The Owner of each Lake Lot shall be responsible for all temporary erosion control measures required during construction on his Lot to ensure that there is no erosion into the Lake and such Owner shall be responsible for any repair or maintenance required due to erosion caused by construction on his Lot. 4.03.06 Shoreline Clearing Restrictions. The Owner of a Lake Lot may not clear, disturb or remove natural shoreline vegetation existing along the shore of such Lake Lot without the prior approval of the ACC. The ACC will allow the Owner to clear no more than forty percent (40%) of the natural shoreline vegetation existing as of the date hereof provided the Owner complies with the provisions of Article 2 in seeking the ACC's approval. For each ten percent (10%) of shoreline vegetation cleared by Owner, the ACC may require the Owner to plant, within one hundred feet (100') of the property line abutting the Lake, at least one disease resistant hybrid live oak tree with a minimum diameter of two inches (2") and a minimum height of six feet (6'). 4.03.07 No Dumping. No sewer, drain or other waste water, other than natural watershed drainage, shall be permitted by any Owner to empty, directly or indirectly, into a Lake or Waterway. No Owner or occupant of a Lake Lot shall dump or place refuse or any other material into a Lake. 4.03.08 No Release of Wildlife. No Owner or occupant of a Lake Lot shall release or introduce any wildlife, waterfowl, reptiles or fish into a Lake. 4.04 RESTRICTIONS RELATING TO CONSERVATION DEVELOPMENT The Villages of Indian Lakes is intended to be a conservation development. This means Owners shall take proactive actions necessary to minimize destruction and disturbance of natural habitats including but not limited to: plant, animal, resident and migratory bird and aquatic species. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 22 Doc Bk Vol Pg 0081809; OR 5375 59 4.04.01 Trees. Any live tree located on or within ten feet (10') of the ACC approved driveway and slab location of any Improvement on a Lot may be removed. All other trees on a Lot are subject to the following restrictions: (a) Lot Size of Two Acres or Less: Any live tree with a trunk diameter/caliper measured from three feet (3') off the ground, equal to or greater than four inches (4") in diameter/caliper may not be removed without ACC approval. (b) Lot Size of Two Acres or More: Any live tree with a trunk diameter/caliper measured from three feet (3') off the ground, equal to or greater than six inches (6") in diameter/caliper may not be removed without ACC approval. 4.04.02 Streams Channels Creeks Borrow Ditches and Waterways. All Waterways, Drainage Easements and Drainage Maintenance Easements, are regulated by the Association through the ACC and may not be impacted by any activity of an Owner on his Lot without written approval of the ACC to be granted or denied in its sole and absolute discretion. No Owner shall impede, restrict, dam or alter any Waterway. Some but not all of the restricted areas are reflected on the Plat(s) as Drainage Easements and other restricted areas may be reflected and described on a Stream Map and Identification Table to be prepared and modified from time to time by the ACC in its sole and absolute discretion. Notwithstanding the foregoing, if a channel or Waterway exists with a visible high water mark that is not reflected to be subject to a drainage easement on the Plat or on the Stream Map and Identification Table, then, the channel/Waterway shall be subject to the Drainage Maintenance Easement described in Section 8.06 below and the Riparian Management Easement described in Section 8.08 below. 4.04.03 Trails. There are exclusive pedestrian/nature, equestrian and hybrid use trails on the Property, which may be used for multiple purposes. The Trails are designated on the Plat as Private Trails and the Association may designate from time to time what portions of the Trails may be used for pedestrian/nature, equestrian or hybrid use. No vehicles powered by battery, gasoline, diesel, propane or hydrocarbon-fueled engines shall be used on the Trails; provided however, SMD and the Association may use motorized vehicles on such riding trails for the construction, maintenance, inspection and repair of the Trails. No bicycles shall be used on any Trail unless the Association specifically designates that bicycles may be used on such Trail. (a) Pedestrian/Nature Trails: No animals, other than domestic pets on leash, may access pedestrian/nature trails. No vehicles powered by battery, gasoline, diesel, propane or hydrocarbon-fueled engines shall be used on pedestrian/nature trails; provided however, SMD and the Association may use motorized vehicles on such trails for the construction, maintenance and repair of such trails. (b) Equestrian Trails: Horses not pedestrians have the right-of-way on equestrian trails. No vehicles powered by battery, gasoline, diesel, propane or hydrocarbon-fueled engines shall be used on equestrian trails; provided however, the Association may use motorized vehicles on such trails for the construction, maintenance, inspection and repair of such trails. (c) Hybrid Mixed Use Trails: May be utilized as equestrian or pedestrian trails; pedestrians, not horses, shall have the right-of-way on hybrid mixed use trails. No vehicles powered by battery, gasoline, diesel, propane or hydrocarbon-fueled engines shall be used on hybrid mixed use trails; provided however, the Association may use motorized vehicles on such trails for the construction, maintenance, inspection and repair of such trails. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 23 Doc Bk Vol Pg 00818093 OR 5375 641 4.04.04 Conservation Areas. Corridors & Parks. The Subdivision contains miles of conservation corridors and multiple private parks, which may include the Trails and portions of the Common Areas. The Association will maintain CAC&P plans and post seasonal rules and restrictions for permitted uses in the CAC&P. Each park, corridor or area has been set aside, enhanced and/or is managed for specific habitat, aquatic or wildlife management for species indigenous to that area or region of the Property. No Owner, tenant, guest or invitee of an Owner may disturb or harm any plants, trees or animals in the CAC&P areas. ARTICLE 5 WATER SERVICE; NO PRIVATE WELLS The Subdivision is serviced by Wellborn Water Supply Corporation. Each Lot Owner desiring said water service shall be required to contract directlywith Wellborn Water Supply Corporation. The cost of water, tap fees, membership fees, expansion reserve fees, installation fees, monthly use fees and meters shall be subject to the fee schedule of Wellborn Water Supply Corporation and paid by the Lot Owner. No well, pump, shaft, casing or other facilities for the removal of subsurface waters shall be placed or maintained on any Lot, and no boring, drilling, removal of, or exploitation for, subsurface water or the injection of water or waste water shall be conducted on any Lot. ARTICLE 6 RIGHTS OF ENJOYMENT IN THE COMMON AREAS 6.01 Easement. Subject to the provisions of Sections 6.02 through 6.07, each and every Owner in good standing with the Association shall have a non-exclusive right and easement of enjoyment in and to all Common Areas, and such easement shall be appurtenant to and shall pass with every Lot, provided the conveyance and transfer is accomplished in accordance with this Declaration. All Owners in good standing with the Association shall have a non-transferable, non-exclusive privilege to use and enjoy all Common Areas for so long as they are Members in good standing with the Association. 6.02 Extent of Members' Easements. The rights and easements of use, recreation and enjoyment created hereby shall be subject to the following: 6.02.01 The right of SMD or the Association to prescribe reasonable regulations and policies governing, and to charge reasonable expense reimbursements and/or related to, the use, operation and maintenance of the Common Areas; 6.02.02 Liens or mortgages placed against all or any portion of the Common Areas with respect to monies borrowed by the SMD to develop and improve the Property or Common Areas or by the Association to improve or maintain the Common Areas; 6.02.03 The right of the Association to enter into and execute contracts with any party (including, without limitation, the SMD or its affiliates) for the purpose of providing management, maintenance or such other materials or services consistent with the purposes of the Association and/or this Declaration; 6.02.04 The right of the SMD or the Association to take such steps as are reasonably necessary to protect the Common Areas against foreclosure; 6.02.05 The right of the SMD or the Association to enter into and execute contracts with the owner-operators of any community antenna television system ("CATV") or other similar operation for the purpose of extending cable or utility or security service on, over or under the Common Areas to ultimately Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 24 Doe Bk Vol Rg 00818093 OR 5375 61 provide service to one or more of the Lots; 6.02.06 The right of the SMD or the Association in accordance with the requirements of the Texas Property Code to suspend the voting rights of any Member and to suspend the right of any Member to use or enjoy any of the Common Areas for any period during which any assessment (including without limitation "fines") against a Lot resided upon by such Member remains unpaid, or during which non-compliance with this Declaration exists, and otherwise for any period deemed reasonable by the Association for any infraction of the then-existing rules and regulations and/or Architectural Guidelines; 6.02.07 The right of the SMD and/or the Association to dedicate or transfer all or any part of the Common Areas to any municipal corporation, public agency, governmental authority, or utility for such purposes and upon such conditions as may be agreed to by the SMD and the Board; and 6.02.08 The rightofthe SMD and/or the Association to grant permits, licenses and easements over the Common Areas for utilities, roads and other purposes necessary for the proper operation of the Subdivision. 6.03 Restricted Actions by Members. No Member shall permit anything to be done on or in the Common Areas which would violate any applicable public law or zoning ordinance or which would result in the cancellation of or the increase of premiums for any insurance carried by the Association, or which would be in violation of any law or any rule or regulation promulgated by the Board. 6.04 Delegation of Use; Damage to the Common Areas. Each Member shall have the right to extend his right of enjoyment to the Common Areas to the members of his family and to such other persons as may be permitted by the Association. An Owner shall be deemed to have made a delegation of all such rights to the tenant of any leased residence and such Owner shall not have the right to use the Common Areas during such tenancy. Each Member shall be liable to the Association for any damage to any portion of the Common Areas caused by the negligence or willful misconduct of the Member or his family, guests and/or tenants. 6.05 Rules of the Board. All Members shall abide by any rules and regulations adopted by the Board. The Board shall have the power to enforce compliance with said rules and regulations by all appropriate legal and equitable remedies, and a Member determined to have violated said rules and regulations shall be liable to the Association for all damages and costs, including reasonable attorneys' fees. 6.06 Use of Common Areas. The Board shall have the power and authority to prescribe rules and regulations, which extend to and cover matters such as (but not limited to) the possession and consumption of alcoholic beverages, loud and obnoxious noises and behavior, types of uses allowed on the Trails and CAC&P and the supervision by attending adults of children. No person or entity (excluding SMD) shall use any portion of the Common Areas to: 6.06.01 solicit, promote or conduct business, religious, political or propaganda matters; 6.06.02 distribute handbills, newsletters, flyers, circulars or other printed materials, without the prior written consent of the Association (which consent may be withheld in its sole and absolute discretion). The Association may permit and allow reasonable activities to occur on the Common Areas in accordance with rules and regulations deemed reasonable and appropriate by the Association. 6.07 User Fees and Charges. The Board may levy and collect special charges and fees for any and all extraordinary operation and maintenance of the Common Areas and services that the Board Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 25 Doc Bk Vol F'9 00818093 OR 5375 62 determines to be necessary for the advancement, benefit and welfare of the Owners. Examples (by way of illustration, and not limitation) of these special charges and fees would include: extraordinary utility consumption; additional security personnel for parties or special events; management overtime services; and additional insurance conditions or requirements. In establishing special user fees, the Board may formulate reasonable classifications of users. Such fees should be uniform within each class but need not be uniform from class to class. If an Owner shall fail to pay a charge or fee when due and payable, said unpaid charge or fee shall be delinquent and upon written notice to said Owner shall become a personal debt of said Owner. Failure of any Owner to pay said fee and charge when due and payable, in addition, shall be a breach of this Declaration. 6.08 Encroachments. If: (a) construction, reconstruction or repair activities which have been approved by the ACC; or (b) shifting, settlement or other movements of any portion of ACC approved improvements; results either in the Common Areas encroaching on a Lot or Dwelling Unit or in a Lot or Dwelling Unit encroaching on the Common Areas or on another Lot or Dwelling Unit, and unless otherwise directed by the ACC, a valid easement shall then and there exist to permit the encroachment and reasonable and necessary maintenance activities related thereto. ARTICLE 7 FUNDS AND ASSESSMENTS 7.01 Assessments. The Association may from time to time levy Assessments against each Lot whether or not improved. The level of Assessments shall be equal and uniform among all Lots, provided, however, that no Assessments hereunder shall be levied against SMD. Where the obligation to pay an Assessment first arises after the commencement of the year or other period for which the Assessment was levied, the Assessment shall be prorated as of the date when said obligation first arose in proportion to the amount of the Assessment year or other period remaining after said date. Each unpaid Assessment together with such interest thereon and costs of collection thereof as hereinafter provided, shall be the personal obligation of the Owner of the Lot against which the Assessment falls due, and shall become a lien against each such Lot and all improvements thereon. The Association may enforce payment of such Assessments in accordance with the provisions of this Article. 7.02 Maintenance Fund. The Board shall establish a maintenance fund into which shall be deposited all monies paid to the Association and from which disbursements shall be made in performing the functions of the Association under this Declaration. The funds of the Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended. 7.03 Regular Annual Assessments. Prior to the beginning of each Fiscal Year, the Board shall estimate the expenses to be incurred by the Association during such year in performing its functions under this Declaration, including but not limited to the cost of all Common Area, right-of-way, Trails and Lake maintenance, the cost of enforcing this Declaration, and a reasonable provision for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year's fund. Assessments sufficient to pay such estimated net expenses shall then be levied as herein provided, and the level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Association may at any time, and from time to time, levy further Assessments in the same manner as aforesaid. All such regular Assessments shall be due and payable annually in advance to the Association at the beginning of the fiscal year or during the fiscal year in equal monthly installments on or before the first day Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 26 Doc Bk Vol Pg 00918093 OR 5375 63 of each month, or in such other manner as the Board may designate in its sole and absolute discretion. Assessments or installments of assessments not paid as provided herein are delinquent. 7.04 Special Assessments. In addition to the regular annual Assessments provided for above, the Board may levy Special Assessments whenever in the Board's opinion such Special Assessments are necessary to enable the Board to carry out the functions of the Association under this Declaration. The amount and due date of any Special Assessments shall be at the reasonable discretion of the Board. 7.05 Owner's Personal Obligation for Payment of Assessments; Late Fees. The regular and special Assessments provided for herein shall be the personal and individual debt of the Owner of the Lot covered by such Assessments. Except as otherwise provided in Section 7.01 hereof, no Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, the Owner of the Lot shall be obligated to pay interest on the delinquent Assessment at the highest rate allowed by applicable usury laws then in effect on the amount of the Assessment from due date thereof (or if there is no such highest rate, then at the rate of 1-1/2% per month), together with all costs and expenses of collection, including reasonable attorney's fees. Additionally, if an Assessment or installment of an Assessment is not paid when due, an additional amount of five percent (5%) of such Assessment or installment (the "Late Fee") shall be immediately due and payable, provided the Late Fee may be reduced or waived by the Association for good cause. The Late Fee is assessed to compensate for the administrative costs and expenses of collection of the Assessments. 7.06 Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but unpaid, shall, together with interest as provided in Section 7.05 hereof and the cost of collection, including attorney's fees as he provided, thereupon become a continuing lien and charge on the Lot covered by such Assessment, which shall bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal representatives, successors or assigns. The aforesaid lien shall be superior to all other liens and charges against the said Lot, except only for tax liens and all sums unpaid on a first mortgage lien or first deed of trust filed of record, securing in either instance sums borrowed for the acquisition or improvement of the Lot in question. The Association shall have the power to subordinate the aforesaid Assessment lien to any other lien. Such power shall be entirely discretionary with the Board and such subordination shall be effectuated by an officer of the Association, dulyauthorized by the Board. To evidence an Assessment lien, the Association may, prepare a written notice of Assessment lien setting forth the amount of the unpaid indebtedness, the name of the owner of the Lot covered by such lien, and a description of the Lot. Such notice shall be signed by an officer of the Association, duly authorized by the Board, and shall be recorded in the office of the County Clerk of Brazos County, Texas. Such lien for payment of Assessments shall attach with the priority above set forth, from the date that much payment becomes delinquent, and, subject to the requirements of the Code (as defined in Section 7.08) may be enforced subsequent to the recording of a notice of Assessment lien as provided above, by the foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage secured by a deed of trust on real property, or the Association may institute suit against the owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or notjudicial, the owner shall be required to paythe costs, expenses, and reasonable attorney's fees incurred by the Association. The Association shall have the power to bid on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey or otherwise deal with the same. Except as otherwise provided, upon closing of the initial sale of each Lot, the purchaser shall pay dues in the amount of dues set by the Association for each full calendar month until the end of the current year. Said dues will be paid to the Association or accumulated by SMD in the absence of an Association. Said funds will be utilized by SMD solely for maintenance of Common Areas and the balance shall be paid to the Association when it is formed. The Association shall have the right to designate any other event after closing the initial sale of a Lot as the date upon which the Owner will be obligated to begin paying dues to the Association. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 27 Doc Pk Vol Pg 00818093 DR 5375 64 The terms of this Article 7 are subject to the requirements of Chapter 209, Texas Property Code, as amended from time to time (the "Code"). ARTICLE 8 EASEMENTS 8.01 Reserved Easements. All dedications, limitations, restrictions, and reservations shown on any plat covering all or any portion of the Property and all grants and dedications of easements, rights-of-way, restrictions, and related rights made by SMD prior to the Property becoming subject to this Declaration, are incorporated herein by reference and made a part of this Declaration for all purposes as if fullyset forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of SMD conveying any part of the Property. SMD reserves the right to make changes in and additions to the said easements and rights-of-way for the purpose of most effectively, efficiently and economically developing and marketing the Property. Further, SMD reserves the right, without the necessity of the joinder of any Owner or other person or entity, to grant, dedicate, reserve or otherwise create, at any time or from time to time, Common Areas, rights-of-way and easements for public utility purposes (including, without limitation, gas, cable, water, electricity, telephone and drainage), in favor of any person or entity, along and on either or both sides of any Lot line, any such easement having a maximum width of ten (10) feet on each side of such Lot line. The easement areas described in this Section 8.01 and Section 8.02 shall be known as "Reserved Easement Areas". 8.02 Installation and Maintenance. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat of the Property. Within these easements, if any, no structure or other, material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities; or in the case of drainage easements, which may change the direction of flow of water through drainage channels in such easements. The Reserved Easement Area of each Lot and all Improvements in such area shall be maintained continuously by the Owner of the Lot, except for those Improvements for which a public authority or utility company is responsible. 8.03 Surface Areas. The surface of Reserved Easement Areas for underground utility services may be used for planting of shrubbery, trees, lawns or flowers. However, neither SMD nor any supplier of any utility service using any Easement Area shall be liable to any Owner or to the Association for any damage done by them or either of them, or their respective agents, employees, servants or assigns, to any of the aforesaid vegetation as a result of any activity reasonably relating to the construction, maintenance, operation or repair of any facility in any such Easement Area. 8.04 Drainage Easements. Each Owner covenants to provide easements for drainage and water flow, as contours of land and the arrangement of Improvements approved by the ACC thereon require. Each Owner further covenants not to disturb or displace any trees or other vegetation within the drainage easements as defined in this Declaration and those shown on the Plat. There shall be no construction of improvements, temporary or permanent, in any drainage easement, except as may be approved in writing by the ACC. Collectively, the drainage easements shown on the Plat, if any, and the drainage easements defined in this Declaration shall be known as "Drainage Easements." 8.05 Blanket Easement. An easement is hereby retained in favor of the Association over all Lots and the Common Areas for the purpose of enforcing the Covenants in accordance with Section 9.13 hereof, and for the construction of a common cable television or other telecommunications system, a common sprinkler system, maintenance of landscaping, or any other item for the common benefit of the Owners. An easement is further granted for the purpose of repairing and maintaining any such system so constructed. An entry upon any Lot or the Common Areas to effectuate the foregoing purposes shall not be deemed as trespass. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 28 Roo Elk Vol Pg 0818093 OR 5375 65 8.06 Drainage Maintenance Easement. An exclusive, twenty-five foot (26) easement or such greater easement area as may be determined by the ACC and identified on the Stream Map and Identification Table is hereby retained in favor of SMD and the Association along either side of any creek, channel, tributary or other Waterway located on a Lot for the purpose of maintenance of Waterways and drainage ways on the Property. An entry upon any Lot by SMD or the Association to effectuate the foregoing purposes shall not be deemed as trespass. Neither SMD nor the Association shall be liable to any Owner for any damage done by them or either of them, or their respective agents, employees, servants or assigns, to any of the vegetation in the Drainage Maintenance Easement as a result of any activity reasonably related to the maintenance and operation of the drainage ways in the Drainage Maintenance Easement. 8.07 Trail Easement. An easement ("Trail Easement") extending ten feet (10') inward toward a Lot from any public utility easement lying adjacent to the property line of a Lot which is adjacent to an Access Road is hereby retained in favor of the Association and its Members for use as a pedestrian, equestrian or hybrid mixed use trail. SMD and/or the Association may construct, maintain, operate or repair a pedestrian, equestrian or hybrid mixed use trail in the Trail Easement for the use of the Association's Members. SMD and/or the Association may remove such vegetation and other improvements lying within the Trail Easement as are necessary to maintain an open, accessible and continuous trail. 8.08 Riparian Management Easements. On each Lake Lot there is hereby retained in favor of SMD and the Association a perpetual twenty foot (20') riparian management easement located shoreward from the lakefront property line of a Lot (located at the 260 foot elevation level) for the purpose of maintaining the Lake, maintaining wildlife habitat, erosion control and other work necessary or desirable in connection with the Lake. On each Lot, there is hereby retained in favor of SMD and the Association a perpetual seventy-five foot (75') riparian management easement located on either side of any creek, channel, tributary or other Waterway located on such Lot for the purpose of maintaining such Waterway, maintaining wildlife habitat, erosion control and other work necessary or desirable in connection with the Waterway. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.01 Applicability. This Declaration is adopted as part of and, except as expressly provided herein, shall apply to each and every Lot in the Subdivision. This Declaration is equally for the benefit of all subsequent Owners of Lots in the Subdivision and accordingly, shall be covenants running with the land. Any Owner or lienholder of any of the Property or the Association shall have the power to prosecute in the appropriate court a suit at law or in equity to prevent any violation or attempted violation of this Declaration and to recover damages for any violation or attempted violation including, but not limited to, reasonable attorney's fees; provided, however, that this clause shall not restrict any governmental agency from acting to enforce any of the restrictions contained in this Declaration. 9.02 Term. The term of this Declaration shall be for a period from the filing of this instrument for record in Brazos County, Texas, until the 1 st day of January, 2033, afterwhich such date this Declaration shall be automatically extended for successive periods of ten (10) years each, unless and until by instrument executed by the then record Owners of a majority of the Lots in the Subdivision and duly recorded in Official Records of Brazos County, Texas, the Declaration is altered, rescinded, modified or changed, in whole or in part. 9.03 Mortgagee. Nothing contained in this document, nor any violation of any provision of this Declaration shall have the effect of impairing or affecting the rights of any mortgagee, or trustee under any mortgage or deed of trust outstanding against all the Subdivision or any portion thereof. Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 29 Doc Bk Val Pg 00818093 OR 5375 66 9.04 Assignment of SMD Rights and Duties. Any and all of the rights, powers, duties and reservations of SMD under this Declaration may be assigned by SMD to any person, which assumes all of the particular rights, powers, duties and reservations assigned. The easements and rights-of-way reserved by SMD in Article 8, may be assigned, transferred or terminated by SMD without notice. If SMD assigns its other rights, powers, duties and reservations under this Declaration, SMD shall: (a) furnish notice to the Association; and (b) notify all of the then Owners in any reasonable manner selected by SMD, including publication of such notice in a newspaper or newspapers circulated in Brazos County. Upon the occurrence of such assignment and the giving of such notice, SMD (its employees, shareholders, directors or officers) shall be released and relieved from any and all liability and obligations imposed upon it or them by this Declaration. Should SMD cease to exist without having assigned to any person all of the rights, powers, duties and reservations of SMD contained in this Declaration, then all of such rights, powers, duties and reservations of SMD shall automatically vest in the Association. 9.05 Run With Land. Every person who now or hereafter owns or acquires any right, title or interest in or to any property in the Subdivision is and shall be conclusively deemed to have consented and agreed to every covenant, condition, reservation and restriction contained herein, whether or not any reference to this declaration is contained in the instrument by which such person acquires an interest in the property. 9.06 Deviations. SMD reserves the right to make minor deviations from the terms of this document to the extent permissible by law and consistent with the general plan for development as herein set out. 9.07 Severabilitv. The invalidity, violation, abandonment, waiver of or failure to enforce any one or more of or any part of the provision of this document shall in no way effect or impair the remaining provisions or parts thereof which shall remain in full force and effect. 9.08 Enlargement or Reduction of the Property. At any time and from time to time, SMD shall have the right, without the joinder or consent of the Association or the Owners, to add additional property to the land then comprising the Property. As used herein, "Additional Property" shall mean and refer to lands now owned or hereafter acquired by SMD that SMD wishes to make subject to this Declaration. The addition of the Additional Property or portions thereof to the Property shall be accomplished by the filing in the Official Records of Brazos County an instrument describing the Additional Property to be annexed and annexing such Additional Property so described to the Property, thereby imposing this Declaration, as amended from time to time with such additional modifications and additions described in such instrument, upon the Additional Property. Upon the filing of such an instrument, that the Additional Property shall become a part of the Property and the collected assessments applicable to all Lots, including similar assessments then applicable to the Additional Property, may be commingled by the Board and expended for the benefit of the Property, as enlarged, as determined by the Board. SMD may add Additional Property to the Property as many times as SMD, in its sole and absolute discretion, determines such additions may be in the best interests of the overall development of Indian Lakes. Each Owner, by virtue of acceptance of any instrument conveying an interest in a Lot subject to this Declaration, acknowledges and agrees that the addition of Additional Property to the Property may result in an increase in the Assessments, a dilution of their ownership percentage of the Property and a concomitant reduction in their voting rights hereunder, and each Owner, by its acceptance of the instrument conveying an interest in a Lot, agrees to the provisions of this Section 9.08 permitting the adding of Additional Property to the Property. SMD shall have no obligation to impose this Declaration on any other land owned by SMD and nothing contained in this Declaration shall be deemed to create or give rise to any legal or equitable right, servitude, easement or other interest in or to any Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 30 Doc Bk Vol Prt 00818093 DR 5375 67 other lands now owned or hereafter acquired by SMD, unless and until such lands are expressly made subject to this Declaration by virtue of the recordation of an instrument imposing this Declaration upon such land in accordance with this Section 9.08. At any time and from time to time, SMD shall have the right, without the joinder or consent of the Association or Owners to remove any portion of the Property owned by SMD from the land then comprising the Property. SMD may remove portions of the Property as many times as SMD, in its sole and absolute discretion, determines. The removal shall be accomplished by the filing in the Official Records of Brazos County an instrument describing the portion of the Property to be removed, thereby freeing such portion of the Property from the terms of this Declaration, as amended from time to time. 9.09 Amendment. During the Development Period, this Declaration may be amended by Developer without joinder or consent of any of the Owners. After the Development Period, this Declaration may be amended, but not terminated, by amendment approved by the Owners holding not less than sixty-six and two-thirds percent (66-2/3%) of the votes in the Association as of the first day of the month in which such amendment is made effective. Any amendment effective prior to January 1, 2028, must also be approved by SMD if SMD owns any part of the Property, and SMD, in its sole and absolute discretion, may withhold its consent. Any termination or amendment to this Declaration shall be documented by an instrument signed and acknowledged by SMD if during the Development Period or, if after the Development Period, by the President and Secretary of the Association and SMD (if prior to January 1, 2028) setting forth the amendment and certifying that such amendment has been approved by Owners entitled to cast at least sixty-six and two-thirds percent (66-2/3%) of the number of votes entitled to be cast. 9.10 Failure to Enforce Covenants. The failure of SMD, the Association, the Owner of any Lot, or their respective legal representatives, heirs, successors and assigns, to enforce this Declaration or any portion thereof shall in no event be considered a waiver of the right to do so thereafter, as to the same violation or breach or as to such other violation or breach occurring prior or subsequent thereto. 9.11 Covenants Do Not Create Reversion. No covenant herein is intended to be, or shall be construed as, a condition subsequent or as creating a possibility of reverter. 9.12 Relief for Violation or Breach. Damages shall not be an adequate remedy for any breach or violation of any provision hereof. Accordingly, any person or entity entitled to enforce any provision hereof shall be entitled to relief by way of injunction, specific performance, recovery of damages or any other available relief either at law or in equity. 9.13 Enforcement of Covenants. Each Owner of each Lot shall be deemed, and held responsible and liable for the acts, conduct and omission of each and every Member, guest, tenant and invitee affiliated with such Lot, and such liability and responsibility of each Owner shall be joint and several with their guests, tenants and invitees. The lien granted in Article 7 above shall extend to, cover and secure the proper payment and performance by each and every Member, guest, tenant and invitee affiliated with each Owner. Each Owner may, upon appropriate application to and approval by the Association, impose greater or additional restraints and restrictions on the "good standing" qualifications of Members and residents of such Owner's Lot. Unless otherwise prohibited or modified by law, all parents shall be liable for any and all personal injuries and property damage proximately caused by the conduct of their children (under the age of 18 years) within the Property. Any person who either: (a) brings suit to enforce this Declaration and prevails therein; or Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 31 Doc Rk Vol Pa 00828093 OR 5375 68- (b) otherwise incurs legal fees in enforcing the covenants contained in this Declaration, shall be entitled to recover court costs and reasonable attorneys' fees from the person against whom the covenants are enforced. 9.14 Alteration of this Declaration. No change of conditions or circumstances shall operate to extinguish, terminate, or modify any of the provisions of this Declaration. 9.15 Assignment by the Association. The Association shall be empowered to assign its rights, or any part hereof, to any successor entity, and upon such assignment, the successor entity shall have those rights and be subject to those duties of the Association assigned thereby. The successor entity shall be bound by this Declaration to the same extent as the Association. Any such assignment shall be accepted by the successor entity under a written agreement pursuant to which the successor entity expressly assumes the duties and obligations of the Association thereby assigned. If for any reason the Association shall cease to exist without having first assigned its rights and obligations hereunder to a successor entity, the covenants, restrictions, easements, charges and liens imposed by this Declaration shall nevertheless continue; and any Owner may petition a court of competent jurisdiction to have a trustee appointed for the purpose of organizing a nonprofit membership corporation and assigning the rights of the Association hereunder to said corporation with the same force and effect, and subject to the same conditions, as provided in this Section 9.15 with respect to an assignment by the Association to a successor entity. 9.16 Definition of "Titles". All titles or headings of the articles and sections herein are for the purpose of reference only and shall not be deemed to limit, modify, or otherwise affect any of the provisions hereof. All references to singular terms shall include the plural where applicable, and all references to the masculine shall include the feminine and the neuter. 9.17 Notices. Any notice given or required to be sent under the provisions of this Declaration shall be deemed to have been properly given when given in writing; and (a) delivered personally; (b) delivered to a reputable overnight delivery service providing a receipt; or (c) deposited in the United States mail, postage prepaid and registered or certified, return receipt requested, to the last known address of a person to whom notice is to be given. The address for each Owner shall be at the Lot or Lots owned by such Owner unless the Owner furnishes written notice of another address to the party by giving a notice as provided herein. The effective date of any notice as provided herein (the "Effective Date") shall be the date of personal service, one (1) business day after delivery to such overnight service, or three (3) business days after being deposited in the United States mail, whichever is applicable. 9.18 Mutuality, Reciprocity. Runs with Land. All covenants, restrictions, easements, charges and liens contained in this Declaration: (a) are made for the direct, mutual and reciprocal benefit of the Property and each Lot therein; (b) shall create mutual, equitable servitudes and reciprocal easements upon each Lot, in favor of every other Lot (except as otherwise herein provided); Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 32 Doc Pk Vol Fig 00818093 DR 5375 69 (c) shall create reciprocal rights and obligations between the respective Owners of all Lots and privity of contract and estate between all Owners of the Lots and their respective heirs, successors and assigns; and (d) shall, as to the Owner of each Lot and their respective heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other Lots, and the present and future Owners thereof. The foregoing shall in no way create a mutual, equitable servitude or reciprocal easement with respect to the use restrictions. 9.19 No Warranty of Enforceability. While SMD has no reason to believe that any of the sections, terms, or provisions in this Declaration are or may be invalid or unenforceable for any reason or to any extent, SMD makes no warranty or representation as to the present or future validity or enforceability of any such sections, terms, or provisions. Any Owner acquiring a portion of the Property shall not be entitled to do so in reliance on the enforceability or validity of any one or more of such sections, terms, or provisions of this Declaration and shall assume and does assume all risks of the validity and enforceability thereof and, by acquiring a portion of the Property, agrees to hold SMD harmless therefrom. 9.20 Time is of the Essence. In regard to the acts, duties, obligations, or responsibilities to be performed by any Member or Owner pursuant to this Declaration, time is of the essence as to such performance. 9.21 Maximum Interest Payable. In all events where interest is due and payable on any obligation pursuant to the provisions of this Declaration, the person to whom such payment is due shall never be entitled to receive, collect or apply as interest on such indebtedness any amount in excess of the highest rate allowed by law. In the event the payee of such indebtedness ever receives, collects or applies as interest any such excess, such amount which would be excessive interest shall be credited against the principal of the indebtedness and, if the indebtedness has been paid in full, any remaining excess shall forthwith be refunded to the payor thereof and, in such event, the payee shall not be subject to any penalties provided by law for contracting for, charging or receiving interest in excess of the highest rate allowed by law. 9.22 Replatting. SMD shall have the right to replat or subdivide any Lots owned by it by recorded plat or in any other lawful manner. 9.23 Conflict. With respect to any Lot, in the event of a conflict between the terms of this Declaration and the plat upon which the Lot is described, the most restrictive provision or standard shall apply. Dated this the 18`h day of June, 2003. SMILING MALLARD DEVELOPMENT, LTD. a Texas limited partnership By: SMILING ALLARD MANAGEMENT, LLC its general, a er By: n~ P C arke, Manager Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 33 Doc Bk Vol Rg 00818093 OR 5375 70 STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the 18th day of June, 2003 by Paul J. Clarke, Manager of Smiling Mallard Management, LLC, as general partner of Smiling Mallard Development, Ltd., a Texas limited partnership, on behalf of said partnership. A~.Arr~ 7~1 V00 Nor ftftfto dTom Nota ublic, State of Texas woalll.t~~~» ~sooe CONSENT AND SUBORDINATION BY LIENHOLDER Lienholder, as the holder of the lien on a portion of the Property, consents to the foregoing Declaration and the covenants, conditions, restrictions and easements contained therein, and lienholder hereby subordinates its lien to the rights and interests of the Declaration, such that a foreclosure of the lien shall not extinguish the covenants, conditions, restrictions and easements contained in the Declaration. THE FIRST NATIONAL BANK OF BRYAN BY: `Nora Thompson, Senior Vice Pregident THE STATE OF TEXAS § COUNTY OF BRAZOS § (ACKNOWLEDGMENT) This instrument was acknowledged before me on the 18" day of June, 2003, by Nora Thompson, Senior Vice President of The First National Bank of Bryan, on behalf of said banking institution. Not ry Public, State of Texas YPCHARLES LLISON NOTARY PUBLIC J State of Texas OF omm. Exp. 03-26-2005 Declaration of Covenants, Conditions, Reservations and Restrictions of Villages of Indian Lakes Page 34 Doe Bk Val Rg 00818093 DR 5375 71 EXHIBIT A Legal Description of Property Tract One: Field notes of a 3.60.00 acre tract or parcel of land, lying and being situated in the J. M. Barrera Survey, Abstract No. 69, Brazos County, Texas, and being that certain 360.00 acre tract which is described as the save and except tract in the deed from Brazos Coal, Ltd., to Thousand Oaks Development 'Company Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of Brazos County, Texas, and is further described in the Correction Partition Warranty Deed recorded in Volume 1569, Page 119, of the Official Records of Brazos County, Texas, and is part of the called 547.1 acre tract and part of the called 409.2 acre tract and part of the called 281.6 acre tract described in the deed from J. W. McFarlane, Trustee, to Brazos Coal, Limited, as recorded in Volume 543, Page 769, of the Deed Records of Brazos County, Texas, and said 360.00 acre tract being more particularly described as follows: COMMENCING at the iron rod found marking an angle point comer in the north line of the 152.93 acre Tract 5, described in the deed to Thousand Oaks Development Company Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of Brazos County, Texas, same being the southeast comer of the called 107.349 acre (net) Tract 7, described in the above mentioned Volume 1454, Page 187, of the Official Records of Brazos County, Texas, and same being the southwest corner of the south end of Cherokee Drive (60' wide right-of-way) according to the plat of Indian Oaks Subdivision recorded in Volume 361, Page 593, of the Deed Records of Brazos County, Texas, from which a crosstie fence corner bears S 63° 17' 52" W - 1.3 feet; THENCE S 51° 2223" W across the before mentioned 152.93 acre tract for a distance of 3590.36 feet to a 3/8" iron rod found at a 6" cedar post fence comer marking the southwest corner of the 152.93 acre tract; THENCE along the north line of the following McFarlane Tracts: 1213.537 acre - 2nd Tract, Vol. 315, Pg. 243; 235.123 acre tract, Vol. 1817, Pg. 154; and the 1215.830 acre - 1st Tract, Vol. 315, Pg. 243, same being the occupied south line of the 547.1 acre - Tract 1 (consisting of a 326.6 acre tract and a 220.5 acre tract, Vol. 382, Pg. 37), and the 409.2 acre - Tract 2, described in the above mentioned Volume 1454, Page 187, of the Official Records of Brazos County, Texas), (consisting of a 157.7 acre tract and a 251.5 acre tract, Vol. 382, Pg. 31), adjacent to a crooked fence, as follows: S 46" 56'57" W for a distance of 173.90 feet to a 3/8" iron rod found marking the northwest corner of the 1213.537 acre tract, same being the northeast corner of the 235.123 acre tract, S 47° 57' 31" W for a distance of 269.65 feet to a 12" water oak tree fence angle point, S 59" 49'55" W for a distance of 113.55 feet to a 16" post oak tree fence angle point, Exhibit A, Page 1 Doc Bk Vol Pg 00818093 OR 5375 72 S 00" 15'38" E for a distance of 5152.71 feet to the PLACE OF BEGINNING, containing 360.00 acres of land, more or less. Bearings based on True North, as obtained by Solar Observation. Tract Two: Field notes of a 1037.24 acre tract or parcel of land, lying and being situated in the H. G. Hudson Survey, Abstract No. 141, in the J. W. Stewart Survey, Abstract No. 213 and in the J. M. Barrera Survey, Abstract No. 69, Brazos County, Texas, and being part of the called 547.1 acre Tract 1 (consisting of a 326.6 acre tract and a 220.5 acre tract, Volume 382, Page 37), part of the called 409.2 acre - Tract 2 (consisting of a 157.7 acre tract and a 251.5 acre tract, Volume 382, Page 31), all of the called 152.93 acre Tract 5 and part of the called 281.6 acre Tract 6 described in the deed from Brazos Coal, Ltd., to Thousand Oaks Development Company Joint Venture as recorded in Volume 1454, Page 187, of the Official Records of Brazos County, Texas, and said 1037.24 acre tract being more particularly described as follows: BEGINNING at the %2" iron rod found marking an angle point corner in the north line of the before mentioned 152.93 acre tract, same being the southeast corner of the called 107.349 acre (net) Tract 7, described in the above mentioned Volume 1454, Page 187, of the Official Records of Brazos County, Texas, and same being the southwest corner of the south end of Cherokee Drive (60' wide right-of-way) according to the plat of Indian Oaks Subdivision recorded in Volume 361, Page 593, of the Deed Records of Brazos County, Texas, from which a crosstie fence corner bears S 63" 17' 52" W - 1.3 feet; THENCE along the north line of the before mentioned 152.93 acre tract, same being the south line of the before mentioned Indian Oaks Subdivision, adjacent to a fence, as follows: N 78" 06'44" E for a distance of 60.31 feet to a 3/8" iron rod found marking the southeast corner of said Cherokee Drive, same being the southwest corner of Lot 16, Indian Oaks Subdivision, N 76° 43'21" E for a distance of 376.15 feet to a 16" black jack oak tree fence corner at the most southerly southeast corner of said Lot 16; THENCE S 41° 01'33" E continuing along the north line of the before mentioned 152.93 acre tract, for a distance of 18.39 feet to an 18" tree stump fence corner; THENCE S 00° 42' 13" E along the east line of the before mentioned 152.93 acre tract, same being the west line of the Valenta - called 167.609 acre tract, Volume 31'60, Page 182, of the Official Records of Brazos County, Texas, adjacent to a fence, for a distance of 2075.08 feet to a 3/8" iron rod found at a 16" pecan tree (dead) fence corner marking the southeast corner of the 152.93 acre tract, same being the northeast corner of the McFarlane - called 141.460 acre tract, Volume 341, Page 125, of the Deed Records of Brazos County, Texas; Exhibit A, Page 3 Doe Bit Vol Rg 00818093 DR 5375 73 S 87" 36' 13" W for a distance of 1364.03 feet to a 4" creosote post fence corner at the west end of a cattle guard entrance at or near the common corner of the 235.123 acre tract and the 1215.830 acre tract, N 89° 09'06"W for a distance of 247.35 feet to a %2" iron rod set at the southeast' corner of the 360.00 acre tract, for the PLACE OF BEGINNING of this description; THENCE N 89° 09' 06" W continuing along the north line of the before mentioned 1215.830 acre tract and the south line of the before mentioned 251.5 acre tract, adjacent to a fence, for a distance of 1690.69 feet to a 3/8" iron rod found (bent) marking the northwest corner of the 1215.830 acre tract, same being the occupied southwest corner of the 251.5 acre tract in the reconstructed east line of the Frank B. McGregor - called 320 acre tract, Volume "P", Page 387, of the Deed Records of Brazos County, Texas, from which a 6" cedar post fence angle point bears N 73° 53' 38" E - 27.4 feet and an 8" creosote post fence corner bears S 00° 05' 16" W - 15.9 feet; THENCE along the reconstructed (no fence) common line between the before mentioned 251.5 acre tract and the before mentioned McGregor - 320 acre tract, as follows: N 00° 15'38" W for a distance of 735.05 feet to a '/2" iron rod set at the interior ell corner of the 251.5 acre tract, same being the most easterly and southerly northeast corner of the 320 acre tract, S 89" 44'22" W at a distance of 762 feet, cross the existing occupation fence between the 251.5 acre and 320 acre tracts, continue on for a total distance of 1596.20 feet to a '/2" iron rod set at the southwest corner of the 251.5 acre tract, same being an interior ell corner of the 320 acre tract, N 00° 15'38" W at a distance of 833.33 feet, pass a crosstie fence corner marking a northeast corner of the 320 acre tract, same being the southeast corner of the before mentioned 157.7 acre tract, continue on along the common line between the 157.7 acre tract and the 251.5 acre tract, the before mentioned 281.6 acre tract and the before mentioned 326.6 acre tract, for a distance of 4384.94 feet to a %2" iron rod set; THENCE along the lines of the 360.00 acre tract and through the interior of the before mentioned 281.6 acre and 220.5 acre tracts, as follows: N 89" 44'22" E for a distance of 3286.58 feet to a iron rod set, from which a iron rod found in concrete marking the occupied interior ell corner of the 281.6 acre tract bears N 33° 01' 16" W - 390.21 feet, Exhibit A, Page 2 Doe Bk Vol Pg 00818093 OR 5375 74 THENCE S 88° 58'40" W along the common line between the before mentioned 152.93 acre tract and the before mentioned 141.460 acre tract, adjacent to, north of and south of a crooked fence line, for a distance of 2494.09 feet to a '/z" iron rod set at the northwest corner of the 141.460 acre tract, same being an angle point corner of the 152.93 acre tract, from which a crosstie fence angle point bears N 69° 44' 21" E - 5.9 feet; THENCE along the common line between the before mentioned 152.93 acre tract and the McFarlane - 1213.537 acre tract (315/243), also known as a remainder 630 acre tract, Volume 1155, Page 786, of the Official Records of Brazos County, Texas, adjacent to a fence, as follows: S 61° 40'46" W for a distance of 642.37 feet to a crosstie fence angle point, N 64° 49' 17" W for a distance of 230.26 feet to a 3/8" iron rod found at a 6" cedar post fence corner marking the southwest corner of the 152.93 acre tract in the east line of the before mentioned 547.1 acre Tract 1; THENCE along the northerly lines of the following McFarlane Tracts: 1213.537 acre - 2nd Tract, Vol. 315, Pg. 243; 235.123 acre tract, Vol. 1817, Pg. 154; and the 1215.830 acre - 1 st Tract, Vol. 315, Pg. 243, same being the occupied south line of the before mentioned 220.5 acre tract and the before mentioned 251.5 acre tract, adjacent to a crooked fence, as follows: S 46° 56'57" W for a distance of 173.90 feet to a 3/8" iron rod found marking the northwest corner of the 1213.537 acre tract, same being the northeast corner of the 235.123 acre tract, S 47" 57'31 " W for a distance of 269.65 feet to a 12" water oak tree fence angle point, S 59° 49'55" W for a distance of 113.55 feet to a 16" post oak tree fence angle point, S 87° 36' 13" W for a distance of 1364.03 feet to a 4" creosote post fence corner at the west end of a cattle guard entrance at or near the common corner of the 235.123 acre tract and the 1215.830 acre tract, N 89" 09'06" W for a distance of 247.35 feet to a iron rod set at the southeast corner of the 360.00 acre tract described in Volume 1569, Page 118, of the Official Records of Brazos County, Texas, from which a 3/8" iron rod found (bent) marking the northwest corner of the 1215.830 acre tract bears N 89° 09'06" W - 1681.38 feet; THENCE along the reconstructed lines of the before mentioned 360.00 acre tract, through the interior of the before mentioned 220.5 acre tract and the before mentioned 281.6 acre - Tract 6, as follows: N 00" 15'38" W for a distance of 5152.71 feet to a %z" iron rod set at the northeast corner of the 360.00 acre tract, from which a ''/a" iron rod found in concrete marking the occupied Exhibit A, Page 4 Doe Bk Vol Rg 00818093 OR 5375 75 interior ell corner of the 281.6 acre tract bears N 33° 01' 16" W - 390.21 feet, S 89" 44'22" W for a distance of 3286.58 feet to a %z" iron rod set at the northwest corner of the 360.00 acre tract, S 00" 15'38" E for a distance of 3551.61 feet to a crosstie fence corner marking the occupied southeast corner of the before mentioned 157.7 acre tract, same being a northeast corner of the called 320 acre - Frank B. McGregor tract described in Volume "P", Page 387, of the Deed Records of Brazos County, Texas, from which the southwest corner of the 251.5 acre tract, same being the southwest corner of the 360.00 acre tract bears S 00° 15' 38" E - 833.33 feet; THENCE along the southerly lines of the before mentioned 157.7 acre tract, same being the northerly lines of the before mentioned McGregor - 320 acre tract, adjacent to a fence, as follows: S 89" 44'22" W for a distance of 1854.96 feet to a 4" creosote post fence corner, N 02" 09'26" W for a distance of 556.07 feet to a crosstie fence corner, S 89° 32'06" W for a distance of 622.21 feet to a 10" creosote post fence corner marking the southwest corner of the 157.7 acre tract, same being the southeast corner of the Smith - called 468.48 acre tract, Volume 2533, Page 315, of the Official Records of Brazos County, Texas; THENCE along the west line of the before mentioned 157.7 acre tract and the before mentioned 326.6 acre tract, sarne being the east line of the before mentioned 468.48 acre tract, adjacent to a fence, as follows: N 00° 29'32" W for a distance of 1296.07 feet to a 10" creosote post fence angle point, N 00° 26'28" W for a distance of 2924.95 feet to an 8" creosote post fence comer, N 00° 29'53" E at a distance of 1598 feet, cross the center of an existing gravel well access road, with cattle guard entrance (this entrance being at the southeast end of Arrington Road (County Road)), continue on at a distance of 1620.7 feet, pass a crosstie fence corner at the north end of cattle guard entrance marking the northeast corner of the 468.48 acre tract, continue on for a total distance of 1625.53 feet to a iron rod set for the northwest corner of the 326.6 acre tract in the south line of the 76.252 acre tract described in Volume 2259, Page 19, of the Official Records of Brazos County, Texas; Exhibit A, Page 5 Doc Bk Vol Pg 00818093 OR 5375 76 THENCE N 89° 04' 25" E along the north line of the before mentioned 326.6 acre tract, same being the south line of the before mentioned 76.252 acre tract and same being along the common line between the before mentioned Barrera Survey, A-69 and the S. D. Smith Survey, A-210, adjacent to a fence, at a distance of 1620.67 feet, pass a ''/2" iron rod found at a 6" creosote post fence corner marking the southwest corner of Deer Park Subdivision according to the plat recorded in Volume 221, Page 295, of the Deed Records of Brazos County, Texas, continue on for a total distance of 5611.55 feet to a 3/8" iron rod found in concrete at a 6" creosote post fence corner marking the occupied northeast corner of the 326.6 acre tract, same being the northwest corner of the Restino - 16.68 acre Tract, Volume 1612, Page 254, of the Official Records of Brazos County, Texas; THENCE along the occupied east line of the before mentioned 326.6 acre tract and the before mentioned 281.6 acre tract, same being the west line of the before mentioned 16.68 acre tract, the Feltz - 16.67 acre tract, Volume 1190, Page 303, of the Official Records of Brazos County, Texas, and the Hall - 17.417 acre tract, Volume 498, Page 830, of the Deed Records of Brazos County, Texas, adjacent to a fence, as follows: S 00° 30'04" W for a distance of 1487.15 feet to a 1/2." iron rod found (bent) in concrete marking the common corner between the 16.67 acre and 17,417 acre tracts, S 01° 10' 19" W for a distance of 1098.69 feet to a '/z' iron rod found in concrete marking the occupied interior ell corner of the 281.6 acre tract, same being the southwest corner of the 17.417 acre tract; THENCE along the occupied north lines of the before mentioned 281.6 acre tract, same being the south line of the before mentioned 17.417 acre tract, the Fleming - called 18.307 acre tract, Volume 296, Page 236, of the Deed Records of Brazos County, Texas, the Flanagan - called 18,071 acre tract, Volume 1201, Page 754, of the Official Records of Brazos County, Texas, the Restino - called 18.163 acre tract, Volume 297, Page 753, of the Deed Records of Brazos County, Texas, and theCrystal lCounty, Texas, called adjacent to4a facre ence, follows: 1228, Page 792, of the Official Records of Brazos S 88° 33'59" E at a distance of 698.15 feet, pass a '/2" iron rod found at the common corner between the 17.417 acre and 18.307 acre tracts, continue on for a total distance of 2141.13 feet to a ''/z" iron rod found at a northeast corner of the 281.6 acre tract and the southeast corner of the 18.071 acre tract, S 00° 16'24" E for a distance of 54.78 feet to a 5/8" iron rod found at a 2" cedar post fence corner marking an interior ell corner of the 281.6 acre tract, same being the southwest corner of the 18.163 acre tract, from which a ''/a" iron rod found in concrete bears N 83" 43'52" E - 0.92 feet, Exhibit A, Page 6 Floc Bk Vol Pg 00818093 OR 5375 77 S 88° 07'50" E for a distance of 401.80 feet to a 3/8" iron ro . found at a 2" cedar post fence corner marking the southeast corner of the 18.163 acre tract, same being the most westerly southwest corner of the 102.504 acre tract, N 89° 17'54" E for a distance of 723.67 feet to a %2" iron rod found in concrete 'at a 4" creosote post fence corner marking an interior ell corner of the 102.504 acre tract and the occupied northeast corner of the 281.6 acre tract; THENCE S 00° 42'44" E along the east line of the before mentioned 281.6 acre tract and the before mentioned 547.1 acre tract, same being the southwesterly line of the before mentioned 102.504 acre tract, adjacent to a fence, for a distance of 2756.30 feet to a ''/2" iron rod found in concrete at a crosstie fence corner marking the most northerly southeast corner of the 547.1 acre tract in the north line of the before mentioned 152.93 acre tract, from which a %i" iron rod found at a 6" creosote post fence corner marking the northwest corner of the 152.93 acre tract bears S 89° 36'28" W - 1055.24 feet; THENCE along the north line of the before mentioned 152.93 acre tract, adjacent to a fence, as follows: S 89° 23'33" E along the south line of the before mentioned 102.504 acre tract for a distance of 610.85 feet to a %Z" iron rod found in concrete marking the common corner between the 102.504 acre tract and the before mentioned 107.349 acre tract, from which a '/2" iron rod found bears S 81 ° 50' 53" E - 3.17 feet, and a crosstie fence corner bears N 03° 00'20" E - 0.9 feet, N 87° 43'28" E for a distance of 1166.54 feet to the PLACE OF BEGINNING, containing 1037.24 acres of land, more or less. Bearings based on True North, as obtained by Solar Observation. ` T !q , n r-J t ~ ~ Imhp rY DU .1z +Y ~ `i .+L M- 05 K, ¢ Exhibit A, Page 7