HomeMy WebLinkAbout11-00500060- 00075864BILL & RMRNTOs Doc Sk Vol Ps
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DECLARATION OF COVENANTS AND RESTRICTIONS OF
HORSE HAVEN ESTATES SUBDIVISION, PHASE FOUR
THE STATE OF TEXAS
COUNTY OF BRAZOS
WHEREAS, TDO MANAGEMENT, L.P., a Texas limited partnership, and OAKWOOD
CUSTOM HOMES GROUP, LTD., a Texas limbed partnership, collectively ("Developer and/or
Declarant") is the owner of the subdivision in the City of College Station, Brazos County, Texas,
(mown as HORSE HAVEN ESTATES SUBDIVISION, PHASE FOUR (herein sometimes called
"Horse Haven Phase Foot" or " Subdivision"), being more particularly described on the Plat
recorded in Volume 8976, Page 266 of the Official Records of Brazos County, Texas; and
WHEREAS, Developer has previously filed Declarations of Covenants and Restrictions
("Declarations") for Phase Two and Phase Three of the Horse Haven Estates Subdivision, which
Declarations are fled of record in Volume 7872, Page 283, Official Records of Brazos County,
Texas, and in Volume 7923, Page 90, Official Records of Brazos County, Texas; and
WHEREAS, the above referenced Declarations allow additional Phases to be brought into
the existing Declarations; and
WHEREAS, Developer desires the property described in Phase Four to be subject to and
required members of the Horse Haven Estates Homeowners Association (described in Section 24
of this docu me4 and which is the same Homeowners Association that governs Phases Two and
Three of the Horse Haven Emotes Subdivision; and
WHEREAS, Developer desires to create and carry out an organized and uniform plan for
the improvement, development, sale, and possession of all the numbered lots in all Phases of Horse
Haven Estates Subdivision, for the benefit of present and fit= owners of Horse Haven Estates
Subdivision; and
WHEREAS, the property looted in Phase Four of Horse Haven Estates Subdivision is
brought within the Declarations except as modified herein:
NOW, THE UWORE, Developer hereby adopts and establishes the following reservations,
restrictions, covertartts and easements to apply: (a) in the use, maintenance, occupancy,
preservation of value and conveyance of all such numbered lots in the Subdivision; and (b) to use
in each contract or "deed, which may be executed, delivered and accepted. By acceptance of a
contract, deed, or other conveyance therefore, whether of not it shall be so expressed in the deed
or other conveyance, each lot owner shall be deemed to eovorm and agree to the following
reservations, restrictions, covenants mid easements, regardless of whether or not such reservations,
restrictions, covenants and easements are set out in fUll or referenced in said contract or deed (the
headings being employed for cmvenience only, and not controlling over content).
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1.
BUILDING SITE
As used in these Restrictions, the tern `Building Site" means one or ire contiguous lots
or a lot or contiguous lots, plug a part of an adjacent lot or lots, of the numbered lots in the
Subdivision. However, as long as a part of a lot is at leas fifty -five (55) feet wide and meets city
standards, it shall be a Builft Site. Any Lot shown on the plat of the Subdivision shall qualify
as a Building Site.
2.
SINGLE - FAMILY RESIDENTIAL PURPOSE ONLY
No lot or Bulk!•mg Site shall be used for any purpose except for single - family residential
purpose. No building shall be ems, altered, placed or permitted to remain on any Building Site
other than one single - wnly typo dwdfnng, ter with any permitted oi tbuildi*
A single- famt'ly-type dwelling is defined as:
a.) A residence occupied by a single ti mUy unit which may consist of the owner, of
the residence, his or her spouse, his and/or her children, and his and/or her parents;
or
b.) A residence occupied by no more than two (2) um elated individuals and the lineal
descendants thereot or
c.) A residence occupied by either the owner, his or her spouse, his and/or her parents,
or the lineal descendants of the owner and/or his spouse and their authorized guests,
but not a dwelling used by such persons as a rooming or boarding house for
unrelated persons; or
d.) A four - bedroom, or less, residence occupied by not more than four (4) unrelated
persons and the lineal descendants thereof under a lease agreement with the owner
of the residence; or
e.) A five- bedroom residence occupied by five (5) or Ices unrelated persons and the
lineal descendants thereof under a lease agreement with the owner of the residence;
or
Q A residence occupied by a single firmly unit consisting of no more persons than are
otherwise authorized herein under a lease agreanent with the owner of the
residence.
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g.) To maintain the health and safety of the Subdivision, there should not be more than
two (2) persons per bedroom. This is not a restriction or requirement of the
Subdivision, but is only included for i &&nation purposes.
h.) The above knitedow on the numbea of octets and their relationships are
ftathrer restricted by the City of College Station's ordinances and restrictions
relating to ' the number of unrelated persons who may occupy a single - family
residence.
No provisions in these restrictions shall be construed to prevent the Developer, or any real
estate agent or homebuilder as approved by Developer, from erecting, permitting or placing such
facilities or structures, either permanent or temporary, of whatever nature, on a lot or lots as may
be necessary or convenient during the period of; and in connection with, the sale of lots, or the
construction or selling of new residences in the Subdivision. Such facilities may include, but shall
not be limited to, a temporary office storage area, signs, portable toilet ficilites and sales
offices, The Developer, or its designated agent, shall also have the right to use a residence,
situated on a lot, as a temporary office or model home during the period of, and in connection with,
construction and sales operations in Horse Haven.
3.
ARCHIT zrURAL CONTROL COMMITTEE
No building or other improvements shall be erected, placed or altered on any building site
urd the construction plans and specifications, and a plan showing the location of the structure or
improvements, have been approved by a majority of the Architectural Control Connuhtee ( the
"Cozier %W) as to the quality of wokimmiship and type of binding models; harmony of
external design with existing * uct ues, and location with respect to Wpography, easements,
bAdi rg lines and finish grade elevation. The Awhitecdural Control Committee shall consist of
four (4) members, whose names are Altar Ofczwzalc, Sieg Lipp, Rebevm Ofczarzak, and the
President of the Horse Haven Homeowners Association (the "Association"). A majority of the
Committee may designate a representative to act for it. In the event of resignation or impossibility
to coNalue serving of any member of the C.onrnittee, the rcmmn4 members shall live full
authority to designate a successor. Upon completion of a total of fifty houses in all Phases of
Horse Haven Estates Subdivision (I being contemplated that additional properties shall be added
and phased into the Subdivision as set forth in Section 30 hereafter), the terms of Alton Ofezerzal;
Rebevm Ofezarzak, and Sieg Lipp wM automatically expire and the designation of members of
the Committee wM be the exclusive responsibility of said Aviation. Neither fire members of
the Committee or.its designated representative shell be entitled to any compensation for services
performed pursuant to this covenant; The Committee's approval, or disapproval, as required
bath shall be in wrifatg, If the Committee or its designated representative fails to give written
approval or disapproval within thirty (30) days after plans and specifications have been submitted
to it, or in any event, if no suit to enjoin the construction has been commenced prior to the
conclusion of improvemoernts, approval will not be required, aid the related covenants shall be
deemed to have been frilly satisfied. It is stipulated, however, that to be approved all consmiction
on any building site must comply with all the requirements of these Dad Restrictions.
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4.
NIINIMUM SIZE OF DWELLINGS
The mfrmrnum air conditioning area per dwelling, exclusive of garages, porches and attics
will be one thousand one hundred (1,100) square feet, plus a garage.
U
BUILDING LINES
No buril ft shall be located on any building site nearer to die front lot line, or neater to the
side street line, than the nmmaun set back lines shown on the recorded plats for the Subdivision.
No building shall be located nearer to a rear lot line then the rear easanent line.
b.
FACING OF RESIDENCES
Residences on corner lots shall face the streat from which the greatest building setback is
shown on the recorded plat. This requirement may be waived by the C mnittee ii; in its sole
opinion, the conditions warrant the change.
7.
!� ; • e n; #s
Only new construction mataial (except masonry) shall be used in constructing any
shuctures in the Subdivision. Exterior colors (for house, mailbox, fence, roof and other residential
appurtenances), stone or other masonry colors and exterior shutter or door colors must be approved
in writing by the Committee. This includes initial corotruction and any repainting after initial
construction. No structure shall be occupied or used until the exterior consh wdon thereof is
completed, the interior construction is sibstantially completed and a certificate of occupancy has
been rued be the City of College Station, Texas (the "City").
S.
GARAGES, CARPORTS-AND OUT BUILDINGS
Except as set forth in the last sentence of this Section 8, each and every residential structure
Shall have a garage to be constructed at the time of construction of the main residence, and shall
be constructed for not less then one (1) automobile. No garage shall ever be changed, altered,
enclosed or otherwise converted for any purpose other than for the housing of automobiles, other
vehicles and storage. All roof materials on a garage must be of the same nature as the materials
used on the main residential dwelling and all garage walls must be constructed of the same
material, or other shnilar material, as the exterior of the nain residential dwelling. Any storage
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building, autl Adings or other structures must be loaded m the rear yard and screened with
feting from view fi+om streets adjoining the lot containing such struchures. Any such additional
hulft structures shall only be one story and their location, height, size, buildm' g materials and
colors must be approved in writing by the Committee, prior to construction. Notwithstanding the
above language regarding the roqukanent for garages, a house that a built facing dw street with
rear parking for at least two (2) vehicles and with a twenty- five -foot M) setback restriction is not
required to have a garage.
Window unit air conditioners, seen from any street, are not allowed anywhere in the
residential structure, mcluding any enclosed area visually detectable from the street. No exterior
door or window may be added to the finnt of the house unless approved in writing by the
Committee, which approval may be withheld solely at the discretion of the Committee.
9.
Easements for installation or mah*nm= of utilities, access and drainage are reserved as
shown and provided for on the recorded plats. No building or other permanent structures are
allowed on these easements, except for driveways, sidewalks, culverts, foot bridges, porches and
fences. Faunae use of these easements as improved bicycle or walldng paths is permissible. Any
construction over and across a drainage amement must be approved by the City and the
Committee. All easements are to be mahntained by the owner of the lots where the easements
exist. The repair and maintenance of fences built by the owner of a lot, and damaged by others
having legal access to the easement, will be at the expense of the owner.
10.
NUISANCES PROHIBITED
No noxious, laud or oil activity shall be permitted upon any portion of the
Subdivision, nor small anydring be done on any lot which may be or become an annoyance or
nuisance to the neighborhood or other potions of the Subdivision.
11.
TEMPORARY STRUCTURES PROHIBITED AS RESIDENCES
A striatum of temporary character, kwh&W but not limited to, mobile homes, motor
homes, recreation vehicles, trailers, tents, shacks, garages, barns, basements or otter oudwildir ,
M not be used or looted on any lot at any tone as a residence, either temporarily or
ply.
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12,
SIGNS AND WINDOW SCREENS
No signs of any kind shall be displayed to the public view on any building site or K
except such signs as shall have been approved by the Committee. However, a professional looking
"For Sale' sign (when a lot or home is for sale) shall not be named by the Committee. No foil
paper, cardboard, plywood, newspaper, sheets or other bed linen, or other unsuitable materials will
be allowed to screen or cover windows, either internally or ademally, except for an emergency
of three (3) weeks or less. The Committee's decision about the suitability of window coverings
than be final.
13.
NO MINING OPERATIONS
No 60 dn'ti% oil development operations, oil refining, quanyiag or mining operations of
any kind shalt be permitted upon any 1K nor shall any mineral wells, pumps, compressors, tanks,
tunnels, mineral excavations or shafts be permitted upon any building site. No derrick or other
structure designed for use in boring for A natural gas, or any mineral or substance, shall be
erected, maintame d or permitted on any lot.
14.
LIVESTOCK
No animals, livestock, poultry or insects of any kind shall be raised, bred or kept on any
lot, except that dogs, cats, fowl, or other household pets may be kept if they are not used,
maintained or bred for any commercial purposes, and provided such pets do not become a nuisance
to the neighborhood or a danger to neighbors.
15.
MAINTENANCE OF BUILDING SITES AND LOTS
All building situ and lots, whether improved or unirnproved, shall be kept in a sanitary,
clean and attractive condition and shall in no owns be used for storage of material and equipment
except for normal residential requirements incidental to construction of improvements thereon as
herein permitted. No owner of any lot shall permit the accumulation or burning of garbage, trash
or rubbish of any kind thereon.
Those portions of each improved lot that are visible from the street, primarily the front
yard, shall be n di tanned with domestic grass and/or suitable ground cover, integrated with any
natural trees and bushes that may be incorporated into the landscaping. In any case, whether a yard
a pnma<ily covered with grass and/or ground cover or largely covered with natural growth, the
yard shall be kept in a manner consisteaut with a well- maintained attractive neighborhood.
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If the owner of a lot fails to keep the grass and vegetation cut as often as may be necessary
to maintain the lot in a neat and attractive condition, the Association may have the grass or
vegetation eta, and the lot owner thall be obligated to pay, or otherwise reimburse the Association,
for the cost of such work. By ice of its grant deed, each lot owner in the Subdivision
grants to the Association authority to enter upon such owner's property without threat of trespass
or other hdAy against the Association excepti<hg wilW misconduct by the Association, its
officers, employees and agents.
All clothes lines, yard equipment (including lawn cdhairs, benches, tables, swings, and the
like), outdoor cooldr►g equipment (barbeque pits, hibachis and the hike), play equiptnent (swing
sets, slides, pool, etc.), wood piles or storage piles shall be kept screened by a solid wood or
masonry fence, service yard, drying yard or other similar facility as herein otherwise provided, so
as to conceal them from view of streets. Tool sheds, fences and any other construction or
improvements shall be subject to approval by the Committae. No fences may be built on the front
of any lot unless approved in writing by the Committee. The Committee shell have the right to
enforce action to remove violations by injunctive relief if necessary to assure aesthetic quality of
the Subdivision.
16.
VEFUCLES
No vehicle or trailer, which is inoperative, wrecked, dismantled, discarded or which does
not have n a lawful license affixed thereto, (ii) an unexpired license plate or platen, and (iii) a
valid unexpired motor vehicle safety inspection certificate, shall be permitted upon any lot. If
visible firm the street for a period longer than 72 hours such violative vehicles shall be subject to
being towed away by the Association at the owners expense.
No truck or van with more than two axles, service vehicles (mchhding but not limhW to,
those cminining nwlt * tool boxes, ladder racks, welding equipment, construction equipment or
other similar equ;prnent or accessories), boat, trailer, motor home, mobile home, house trailer, or
recreational vehicle, may be kept on the street in fiat of any lot, or upon any lot, unless it is kept
inside the garage or yard areas, bebmd fences or walls, and concealed from public view and
adjoining Property. No vehicle of any land may be parked on lawn areas for any reason. These
restrictions shall not apply to any vehicle, machinery, or awnternce equipment temporarily
parked and used for the construction, repair and maintenance of the Subdivision or of any
properties in the Subdivision. Passenger vehicles may be parked on the street in front of lots for
periods of time not to exceed twelve (12) hours in any twenty-four (24) hour period Any vehicle
parked for a longer time may be towed away by the Association at the owner's expense. This
restriction is not to be construed to prohibit periodic overnight guests from parking on the street,
but is to specific* prohibit residents from using the street as the usual overnight parking for
vehicles. No major repair work, dismantling, or dissembling of motor vehicles or other
machinery or equipment shall be permitted in or on any driveway, street, garage, carport or any
Part of any lot Notwithstanding the above language, no cars, trucks, motorcycles, motor homes
or other vehicles of any type may be packed on Appomattox Street.
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No motorcycles, motorbikes, dirt bikes, motor scooters, go- carts, or three - and four-wheel
"off -we' vehicles, nor any similar vehicles, whether licensed or unll= sed may be operated on
any lot in the Subdivision. Furthermore, no motor vehicle my be operated in such a manner that
may be or became a danger, nuisance or annoyance to the neighborhood.
17.
STORAGE OF MATERIALS
No building material of any kind or character shall be placed or stored upon any residential
lot untiil the owner is ready to commence construction of improvements, and then, only if such
material shall be placed within the property lines of the lot being improved No building materials,
material scraps, stumps, trees, underbrush, or any refuse of any kind, shall be placed on any other
lot, streets or easements in the Subdivision, other than the lot being improved Ali such material,
if not disposed of immediately, must remain on the lot upon which the construction work is in
progress, and after the completion of such improvements, such material shall be removed fern the
lot within three (3) days of said completion
18.
GARBAGE AND REFUSE
All lots shall at all tines be kept in a clean, sanitary and attractive condition except during
approved construction. No lot shall be used or maintained for storage of materials, nor as a
dumping ground for rubbish, hash, garbage, or other waste. All household waste shall be kept only
in sanitary containers provided or approved, by the City. No garbage cans or refuse containers
small be placed or permitted to remain at the fiont of a residence either within the std or on the
lot or right-of-way, except upon those days scheduled for garbage and refuse collection by the City
or a privately contracted collector.
19.
FENCES, WALLS, AND MAILBOXES
No fence, wall, or any other structure shall be erected, added or planed on any lot nearer
to any fivrit lot bee than the nearest fivnt comer of the residential dwelling, unless approved in
writing by the Committee. All f=es, walls and mailboxes shall be of a nature and quality so as
to be l =xxiious with, and enhance, and not detract from the general appearance of the
Subdivision aril rmffit be approved in writing by the Committee prior to construction. Each
iridiividual lot owner is responsible for keeping, repairs% replacing and maintaining any existing
fence of wall that is on the owner's lot or adjacent right -of -way. All fences will be made of cedar,
W=, fir, pixie, redwood or ornamental metal unless otherwise approved by the Committee.
Cyclone faeces are allowed only if fully screened from public view (Le., "dog Hors'); however,
any and all such cyclone fences and the use thereof must first be approved in writing by the
Committee. Fences may be reasonably stained to enhance natural appearance but are not to be
painted unless approved by the Committee. The "good side" of the fence (that is, the side that
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shows fence slats or pickets only) shall always face the public shut closed to such fence. Final
approval of fencing and its facing shall be at frill discretion ofthe Committee.
20.
CONSTRUCTION STANDARDS
All constriction must meat the requirement and specifications - set forth by the City's
building codes and ordinances. Where not otherwise specified by such codes and ordum oes, the
requirements set forth by these Restrictions shall prevail.
21.
The use or discharge of pistols, rifles, shot guns, or other firearms or firecrackers/fireworks
is expressly prolubitod in or on any part of the Subdivision. Except for won tools such as
nall guns, any kind of unit that propels dangerous objects by air or sprung - action, etc. shall not be
used or discharged in or on any part of One Subdivision. No hunting or trapping of any kind is
allowed in the Subdivision.
22.
ANTENNAE
No m*mal antennas of any kind shall be permitted or allowed on any lot within the
Subdivision without prior written approval of the Comm tbee as to antenna size, hurt, placemer4
and visibility. No satellite antenna nor any antem dish may be parked, eractci, or installed either
pmnmiently or tcmporan'lYy, on any lot except in backyard areas where it is substarrgally concealed
from public view.
41
OBLIGATION OF LOT OWNER
It is the obligation of each individual lot owner to familiarize himself or herself with these
restrictions and to comply with them The Committee, the Association or any lot owner in the
Subdivision is authorized to initiate any legal action necessary to enforce these restrictions.
24.
HORSE HAVEN ESTATES HOMEOWNERS ASSOCIATION
There has been formed a mAW non-profit corporation ("Corporation') under the laws of
the State of Texas, in which the owner of each lot in Horse Haven Estates Subdivision, Phases Two
and Three, have agreed to become, and shall be, a manber. All lots In Phase Four of Horse Haven
JDW:CM HORSE HAVEN 07.0227 BnUC OM PHASE 4
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Estates Subdivision must also be members of such homeowners association. The name of said
Corporation is Horse Haven Homeowners Association ("Associatiod). The Articles of
Incorporation of said Corporation specify, among the purpose and duties of said Corporation, the
enforcement of all said restrictions, covenants and ocndidons and payment of any and all legal and
other expenses in connection therewith, the maintenance, preservation and improvement of
property in the Subdivision; the keeping and mainta mmg said property, and every lot therein, in
a clean and sanitary condition, including the removal of weeds and rubbish from vacant property
and streets; providing for security guards and/or security aids, if approved by a vote of the majority
of the Members of the Association; appointing members to the Committee and keeping it
wcoun able to members, so far as it may lawfully add maintainirg comin naication among
neighbors; engaging in common interest issues; and transacting other business as may be permitted
by law. Each member of said Association agrees to pay to said Corporation, dues or assessments
("Assessment"} for such purpose which may be fixed by law or by lawful acts of the Association's
Board of Directors ("Board!). The initial assessment payable to said Corporation/Association is
$ 100.00 per year. Such sum shall be payable annually in advance. In any calendar year
Assessments shall new increase by mane than ten percent (10%) of the amount payable in the
prior year except upon written appr oval, to the contrary, of owners of not less than ninety percent
(90%) of the lots all existing Phases of Horse Haven Estates Subdivision. The Association may
contract with third Parties for the Performance of the agreements herein stated and the Association
has an automatic right to post alien on any property on which the assessments are in arrears.
It is understood and agreed that the Articles of Incorporation and By -Laws of said
Corporation shall provide for substantially the following definitioms:
Mme: Every person or entity who is a record owner of any lot in Horse Haven
Estates Subdivision, including existing Phases, future Phases, or this Phase (which by
covenants of record is subject to Assessment by the Associationj shall be a member of the
Association, provided that any such person or entity toes not hold such interest merely as
a security for the performance of an obligation.
y2ft The Association shall have two classes of voting memberships;
Slate Class A members shall be all those Lot owners other than the Developer
or a contracted or speailative Build as defined by the Developer. When more
than one person holds such interest or interest in any K all such persons shall be
members, and the vote for such lot shall be exercised as they among themselves
determine, but in no event shall more than one vote be cast with react to any such
lot.
Class B : Class B mmnbers shall be the Developer and any Builder, as defined by
the Developer. The Class B member shall be entitled to four votes for each lot in
which it holds the interest required for membership, provided that the Class B
membership shall cease and become converted to Class A membership on the
occurrence of any of the following events, whichever is first
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(a) When the lot is sold to a third person other than a Developer or a
Builder, or
(b) When the total votes outstanding in the Class A membership equal
the total votes outing in the Class B membership.
From aril dtar the happening of these events, whichever occurs earlier, the Class B
member shall be deemed to be a Class A member and entitled to one vote for each lot in which it
holds the interest required for membership.
It is fiadier understood and agreed that the Articles of Incorporation shall provide that the
Corporation's existence shall be perpetual and that the Developer or its agent shall have the right
and duty to appoint to initial Board of Directors of the Association and take all other steps
necessary to assure the creation, existence and O on of the Corporation/Association. A
copy of the Articles of Incorporation and By -Laws have been recorded in the Official Records of
Brazos County, Texas.
25.
ASSESSMENTS
Any assessments or other charges and asses mats not paid within thirty (30) days after the
due date shall bear interest from the due date at the lesser of (i) the rate of eighteen percent (18
per arasurn or (n7 the nmdmmn rate permitted by law. The Association may bring an action at law
against the Owner personally obligated, as applicable, to pay the same or foreclose the above
described lien against the Owner's Lot, as provided below.
In order to secure the payment of the Assessment, and other charges and assessments
hereby levied, a vendor's (purchase money) lien for the benefit of the Association, shall be and is
hereby reserved in the Deed from the Declarant to the purchaser of each Lot, or portion thereof;
which lien doll be enforceable through appropriate judicial and/or non judicial proceedings by the
Association. As additional security for the payment of the Assessment, and other charges and
assessments hereby levied, each owner of a Lot, in the subdivision by such patty's acceptance of
a deed thereto, hereby grants the Association a contractual Hen on such Lot, which may be
foreclosed on by non judicial foreclosure arid pursuant to the provisions of Section 51.002 of the
Texas Property code (and any successor statutes and each such Owner hereby expressly grants the
Association a power of sale in connection therewith. The Association shall, whenever it proceeds
with non-judicial foreclosure pursuant to the provisions of said Section 51.002 of the Texas
Property Code and said power of sale designate in writing a Trustee to post or cause to be posted
all required notices of such foreclosure sale and to conduct such foreclosure sale. The Trustee may
be changed at any flubs and from tints to time by the Association by iron of a when instrument
executed by the President or any Vice President of the Association and fled for record in the Real
Property Records of Brazos County, Texas. In the event that the Association has determined to
non - judicially foreclose the Hen provided herein pursuant to the provisions of said Section 51.002
of the Texas Property Code and to exercise the power of sale hereby granted, the Association shall
mall to the defaulting Owner a copy of the Notice of Trustee's Sale not less than twenty -one (21)
MW.CFR HORSE HAVEN 07- 022RRESfR MONS PHASE 4 11
01039976 OR 9290 261
days prior to the date on which said sale is scheduled by posting such notice through the U. S.
Postal Service, postage prepaid, certified, return receipt requested, properly addressed to such
Owner at the lag known address of such Owner according to the records of the Association. If
required by law, to Association or Trustee shall send any curative period notice to the Owner and
also cause a copy of the Notice to Tnistee's Sale to be recorded in the Real Property Records of
Brazos County, Texas. Out of the proceeds of such sale, if any, there shall first - be paid all
expenses incurred by the Association in connection with such default, including reasonable
attorney's fees and a reasonable trustee's fee; second, from such proceeds there shall be paid to
the Association an amount equal to the amount in default; and, third, the rxnaining balance dmU
be paid to such Owner. Following any such foreclosure, each oompa ht of any such Lot, foreclosed
on aril each occupant of any improvements thereon shall be deemed to be a tenant at sufferance
and may be removed from possession by any and all lawful means, including a judgement for
possession in an action of forcible definer and the issuance of a writ of resiitulaon ticreu nder.
In the event of non - payment by any Owner of any Assessment, or other charge or
assessment levied hereunder, the Association may, in addition to foreclosing the lien hereby
retained, and exercising the remedies provided herein, upon thirty (30) days prior written notice
thereof to such nonpaying Owner, exercise all other rights and remedies available at law or in
qty.
It is the intent of the provisions of this Section 25 to comply with the provisions of said
Section 51.002 of the Texas Property Code relating to non - judicial sales by power of sale and, in
the event of the amendment of said Section 51.002 of the Texas Property Code hereafter, the
President or any Vice President of the Association, ailing without joinder or any other Owner of
mortgagee or other person may, by amendment to this Declaration filed in the Real Property
Records of Brazos County, Texas, amend the provisions hereof so as to comply with said
amendments to Section 51.002 of the Texas Property Code.
In addition to the right of the Association to enforce the Assessment, or other charge or
assessment levied hereunder, the Association may file a claim or lien against the Lot, of the
delinquent Owner by recording a notice ("Notice of Lien") setting forth (a) the amount of the claim
of delinquency, (b) the interest and costs of collection which have accrued thereon, (c)the legal
description and street address of the Lot, against which the Lien is claimed said (d) the name of the
Owner thereof. Such Notice of Lien shall be signed and acknowledged by an officer of the
Association or other duly authorized agent of the Association. The lien shall continue until the
amounts secured thereby and all subsequently accruing amounts are hilly paid or otherwise
satisfied. When all amounts claimed under the Notice of Lien and all other costs and assessments
which may have accrued subsequent to the Slirg of the Notice of Lien have been fully paid or
satisfied, the Association shall execute and record a notice releasing the lien upon payment by the
Owner of a reasonable fee as fixed by the Board of Trustees to cover the preparation and
recordation of such release of lien instnrnent.
Any Vice - President, the Treasurer or the Manager of the Association shalt, within ten (10)
days of written request and upon payment to the Association of such fee as is from time to time
determined by the Board, famish to any Owner or such Owner's mortgagee which request the
same, a certificate in writing signed by such officer or manager setting forth whether the
,mw:CM aoRSS HAVEN m-ou raESnUcrroxs PHASE 4 12
Doc Bic Vol Fs
0 1034476 OR 9290 262
Assessment for which such Owner is responsible has been paid, and, if not paid, the outstanding
amoturt due and owing, together with all fines, accrued interest and other penalty charges. Such
certificaw shall be condhsive evidence against all but such Owner of payment of any Anent
stated therein to have been paid.
Declarant Vohmtauv Contributions Notwithstanding anything contained herein W the
contrary, the Declarant shall not be required to pay the Assessment on any Lots owned by the
Declarant; but in the event that a deficit may exist between the Assessments and the annual budget
of the Association, the Declarant may elect {tart shall not be obligated to fund such deficit with
a non - refundable contribution to the Association.
%&BUngdo pf the Lien. The liens gtanted herein and the superior title herein reserved
to secure any Assessment, Reimbti mement Assessment or any other charge or assessment provided
for herein shall be deemed subordinated to any vendor's lien or the Herr of any purchase money,
construction mortgage and/or second mortgage on the assessed Lot, and any renewal, extension,
reareactgement or refinancing thereof:
Each such mortgagee of a mortgage encumbering a Lot, who obtains title to such Lot,
pursuant to the remedies provided in the Deed of Trust or Mortgage, by judicial foreclosure or by
deed in lieu of foreclosure stall take tale to such property free and clear of any claims for Unpaid
Assessments, or any other charge or assessment provided for herein which accrued prior to the
time such holder acquires title to such property. No such sale or transfer shall release such holder
acquiring We to such property fiom liability for any Assewment, or any other charge or
assessment provided for herein thereafter becoming due or fiom the liens hereof. Any other sale
or transfer of a Lot, shall not affect the Association's Hens created herein for assessments and
charges.
EUM tpcU The following property subject to this Declaration shall be exempt from
the Assessments and all other charges and assessmernts created herein:
(a) All properties dedicated to and acxepted by a local public authority;
(b) Any Common Area; and
(c) AU properties owned by a charitable or non-profit organization exempt from
taxation by the laws of the State of Texas; however, no land or Improvements
devoted to dwelling use sball be exempt fi an said Maintenance Assessments or
other charges and assessments.
(d Any lots or property that is held In the name of the Developer, once a lot has been
sold or conveyed by the Developer to a third person or party, this exemption no
longer applies.
JDW:CFR HORSE HAVEN 07- 0227WMTIUCTIONS PHASE 4 13
Doc Bk Vol Ps
01039976 OR 9290 263
26.
PERIOD OF RESTRICTIONS
These reservations, restrictions, covenants and easunents are to run with the land and shall
be bidding on all parties and all persons for a period of twenty (20) years from the date this
irmauunent is fast recorded. Thereafter, said reservations, restrictions, covenants, and easements
dm11 be mAmnatically extended for successive periods of ten (10) years each, unless an instrument,
signed by the majority of the owners of the lots within the Subdivision, has been recorded,
agreeing to change, amend or cancel said reservations, restrictions, covenants and easements in
whole or in part.
27.
ENFORCEABILITY
The covenants, reservations, easements and restrictions set out herein are for the benefit
of any owner of a lot or lots in the Subdivision, said owner's heirs, executors, administrators, or
assigns, and the Association. Accordingly, all' of the covenants, reservations, easements, and
restrictions contained berek shall be construed to be covenants running with the land, enforceable
at law or in equity, by any one or more of said parties.
28.
Invalidation of any one or more of these reservations, restrictions, covenants and easements
by judgmcnt or court order shall in no way affect any of the other provisions, which shall main
in full force and effect.
29.
RIGHTS OF MORTGAGES
Any violation of any of rive easements, restrictions, reservations or covenants contained
herein shall not have the effect of inpft or acting the rights of any mortgagee or trustee
under any mortgage or deed of trust outsxxUng against any lot at the time the easements,
restrictions, reservations or covenants may be violated.
30.
The restrictions, reservations and covenants may be amended m whole or in part by the
Developer at any time prior to the sale of any Subdivision lot heavinabove contained to a third
party exclusive of home builders. Thy, these restrictions and covenants may be amended
JDW:CPR HORSE HAVEN 69- Qx211REMCTIONS PHASE 4 14
Dor. Sk Vol Ps
01039976 OR 9290 264
by an instrument signed by the majority in interest of all lot owners in the Subdivision, based upon
the votes per lot as set forth and determined in Article 24 of this document. Such instrument shall
be filed of record in the Official Records of Brazos County, Texas.
31.
ADDMONAL PHASES
Developer reserves the rl& to incorporate additional property or phases within this
Declaration by supplern art declarations hereafter, provided that the property so htf ded shall be
thereafter charged with all obligations, responsibilities, dues, assessments and charges applicable
to other lots in other phases of the Subdivision -from the effective date of each such supplemental
declaration. Each lot owner in future Phases shall also be a member of the Association and have
voting rigift
(THE REMAINDER. OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
JDW;CFR HORSE HAVEN 07- =7%ESTRICPIONS PHASE 4 tS
01439976 OR 42" 265
TDG MANAGEMENT, L.P.,
a Texas limited patirrership
By: TDG MANAGER, L.L.C.,
a Texas limited liability company,
its Gene rer f) -,
OAKWOOD CUSTOM HOMES GROUP, LTD.,
a Texas limited partnership
By: OAKWOOD CUSTOM HOMI
a Texas limited liability company,
its General Partner /) , ,
0
Alton E. C
Mfg
THE STATE OF TEXAS
COUNTY OF BRAZOS §
This instrument was acknowledged before me on this the & day of August, 2009, by
Alton F. Ofciarmk, Managing Member of TDG Manager, L.L.C, a Texas limited liability
company, aging in its capacity as General Partner of TDG Management, L.P., a Texas limited
partnership, on behalf of said partnership.
[IQD- CAROL S. Notary Public, State of Texas
niarr� My Commission Expires: On
My IWGM 23, 2013
JDW:CM HORSE HAVEN 07.02271 MMUCJIONS PHASE 4 16
Doc Bk Val P9
01039976 OR 9290 266
THE STATE OF TEXAS
COUNTY OF BRAZOS § a/
This insbument was acknowledged before me on this the AT day of August, 2009, by
Alton E. Ofczarzak, Managing Member of Oakwood Custom Homebuilders, L.L.C., a Texas
limited liability company, acting in its capacity as General Partner of Oakwood Custom Homes
Group, Ltd., a Texas limited partnership, on behalf of paid patum ip.
CAROL & FQ3TER Notary Public, State of Texas
NOIWY Pubk Sft(f Team My Commission Expires:
E:
1y cW num E rr"
AUGLWA 2013
3uw:cgx RGUE HAVEN 07- 0227%ESTa =ONS PRASE 4 17
Doc Bk Vol Ps
01039976 OR 9290 267
CnWM BANK, the HenhDkIw on Ebru Hum Esfts SubdhiakA Phase Four, b:wd h
Tir , - I Canty, TW496 does bwaby agm that in the evatofftedopmonwWoftopmy" In Horse
HxmBsWes SaWskA Phase Four, the obcW Declamdon of Commants and Raftdons ofHorw
Ham Estates &WvWo4 Phase Four, 9M mmh in effect and not be vac*d by swh bwloom
action.
WITNESS OUR HAND, this 11� day of August, 2009.
THE STATE OPTEXAS
11
COUNTY OF M0040me9l
CIT[ZENS BANK
Dr.
Now
7ft 4ro• woo" A41-sw 4.4
This bwmnmt was a*wvAWged befv c w on ft in V day of August, 2009, by
MA99k A &V- LAZWLAes of CITUM48 BANK. on W&
of said bank
---- — --- — -
M ------ —
N E. TRACEY MU
Not ary PubHo
STATE OF TEXAS.
MY Comm. Exp, 0111i110fl
MOB WATSOMM Ham 074arroadmLckhm
air
,
Notary pwAiC6 suft
sates
MY Conmkwdon Eq*w
0. =r
1C lT
La
or
ws
4�
cr cpR
air
BLL & W MRN TO:
L AW �
or
Doc Bk Vol Ps
00437343 M 7674 2B3
DECLARATION OF COVENANTS AND — IRICnONS OF
HORSE HAVEN ESTATES R r I DNMON, PHASE TWO
THE STATE OF TEXAS
WHERE4S, OAKWOODCUSTOMHOMF .SGROUP,LTD.,aTcmlim o slrip
("Developer and/or Dwbxad" is the owner of the subdivision in the City of Cole
Bmw County, Texas, khown as HORSE HAVEN WrATES SUBDIVISION, PHAN TWO
(hen sonwil ms called `Hootsa Haven" or "Subd4isioa'), being , 1 1 pardon ly daam2mi on
fire Plat recorded in Volume 7446, Page 154 of ft Official Recands of8ram Couusty, Texas.
VEM REAS, Derveloperdosires to amm and emmy oat an organized. and umtfo m plan for
the impt+ov , developmant, sale, and p anofall themumberadlots In said Subdivision,
for the benefit of present and Rrtmre owmrs ofHotse Haven.
1.
BUHDING SrM
As used in dwse Ratdclons, the term'Bullding Site~' nmeans one or man c oudg mm lots
or a lot or condpous Iota, plus a part of an a4mcaat lot cc lots, of the membered lots is the
Subdivision. However, as long as apart ofa lot is at least My-$ve (SS) fedvd& andaoeefis chy
steodards, it shall be a Building ShL Any Lot show, on tiro plat of dw Subdivision shell quaft
as a Building Site,
2 .
SINGLE FAMILY REISMOCIIAL FURPOSE ONLY
No lot or Building Site shall be used for ow purpose except for dogle family real
pmrpom Nobuildingaballbeamoted, cham placed orpwmdttedtoreaoaioonany Site
other than one single fimily tm dwdllt and proM log16w with my pennitted on&d1diag.
However, the owner of Lot 18, Block 4, Phase 3 ofHowe Havers ("trot I n shall be pennittad to
kwp and lease the two that era mtachW to the bomre. Also, the owner of said
mw :w msexkmw
Om 8k Vol h
0045M OR 7872 284
Lot 18 shall be aUmed to bep the esistimg c arpott dog house, set enhe anteama end clam link
fens on Lot 18. The owner of Lot 18"obtain wrltteac appmov d fim the Cammmiittee befame
£) Tomaintaindwha? &andsde yofBie&Mviallm = dwold not be mme dm
two parsons per bedraom This is not a restdction at mquizenot, but is only
included for iafomaadon pmpowL
ri"I «� • ,i i �•
No building or other iapsovematiss"be emcto % placed or altarad an amy buDding site
urA the con*uctim pleas and specifleM oms, and aplea sbawing fire k+cation ofd o Mme or
isnpmovememas, ham bean appmtmed by a majaiiy of tlas Ambitec oral Cool CcmamrdtUoe ( the
"Committee") as too do quaff of wod= nablp and type of bulldimg materials; hatumv of
JOWOMasssanvRk
Doc Sk Vol Pa
OM730 OR 7872 285
4.
IMMUM SIZE OF DWBI.I. NGiS
The min�airoaming area�rdwdling, e�olusive ofgar, aiud attics
will be 1,100 squere feet Ploy a garage.
S.
BUILDING IBM
Nobtcilding shall belocatodanuo rbuilft du to*cfivotlotlb%oraumertothe
aids street line„ than the mien setback Hues shown ondw recorded ph tf w dw Subdividlon.
No bull ft shall be located P -toarearlotumihonthanweasm Haa
s _�i, c • • � :•, a � N..
Residences on roarer lots slush face flue street from which the greatest bang setback is
shown on the recorded plat. Ibis requh meat may be valved. by the Covaru bw ii; in its sole
ophdoa, flue c ondwons warramt the change;,
7.
MATBRIAIS REQLTMW
Only now construction material (emcqt may) shall be used in oom&uodng any
*ucW=Indio9 bdivistam. P. aroolms (forhamse,maiiboac,famceiw ondaA - - rneidmdal
r4PP�), stoma or otbermasoary► colors aad a ar door care musibe
JDWXMassar►vmK
DOC Sk Vol Ps
00957343 OR 7872 2U
in wdit by the C This includes initial won and spy rig nibs* b tal
ate. No stru ctuo shall be occupied armed udU the codedor coushudw t Owdis
C=Pld4 *0 been issaeibatbe Crty of �BWtton tl�o �8�� ofooca>�ucyl�s
L
OARAMS, CARPORTS AND OUT BUMMOS
Window unit air candWanom seen from my std are not allowed anywhere in the
nddec iol stuctnre, hwhulln g wW endowd arcs visually ale fi m *8 Fes. No esIdw
door or window wW be added to *a Ow t of the bo=o unless approved in wdit by the
Committee, which agprovai map be wlticheld saldy at the diticn oftble Cam°m�ea.
�' . :Ia,�IVA��M�:
1
No nuiians, loud or offbusive acd ty' shall be p= tted upon any pilm of 60
Subdivision, nw sbaZl asq►dit be dwo an any lot which may be or becoe an annoyance or
noliss OCO to ft ned&bmboW or otber pardons of On Subdtvlsia L
ww:wfi=wuAvEH
D" sk Vol Ps
40'?57343 OR 7872 2E7
11.
TEiVIpORARY STRUC'1'URE3 PROS AS RESIDENCES
A sbuctme of temponry chwacbr, iachxling but not limited to, mobile homes, motor
harem. ramwdon vehicles.usilest,two, sbacks, gwqm of COW Rdba-
shall not be used or located an any lot at ray time as a raatdance, aMm temparadly or
pY `
c. n i n14 ,
13.
NO AM41NOOPERAMNS
No cildkillba on development opaa doM oil rdpiwL qmuryingormlift Op=d= of
ray kind sball be pamdttod upon any lot; nor" auy mineral wells, Pumps, oaampresmrs, tanks,
tmdn mineral ems at abaft be wed upon any bull ft site. No daaick or other
Ouctmre dcdgwd for use in boring for 6% nwtW gas, at say aaineral or subsbxwee sball be
erected, moinudned or permitted on any lot.
14
LWESTOCK
No animals, livestock, poultry or insult of any kind shall be 3ai84 bred or kept an any
lot, that dogs, cafe. fowl, or odd boaaokold pats may be hO if they tea not used,
Me orbmdf =Wcaamm=ia pugw 4udlxovidedsochpetadonotba eanu tae=
to dw nelgbbo wod. Howam, if a h=www owns at least nko4ondw PAO) of an acre of
oonxigaoushcml,the ownwmgylwcpa sma ll ham orapWJfdw City approvasitanditdownot
bete a nuisawe to the neighborhood.
SnwMJrsrvasaxavM
OW Bk Va l Pa
ID0957343 OR •1872 288
color and ecbemo of said owner's lie eactior above the rick liao. The roof andl match that
of said ownees home in typo and color. All wood in the horse shod or bam and fenclM shall be
taeatadto help pceva trotandtestawon( unlessthewood xdly tcpds
water and/or tesmitos, each as cedar wood).
15.
MAUMMANCE OF BUILDING SM AND LM S
Allbunftsitesantilots,wbatherh% vedorwaves /,ahaUbekeptisasaaitatysad
aumcdve condition and shall in no event be used for storage of ides/ and equtpwa of except for
names/ real requhments facidw al to ommtracdon of impwameots thereon as hmvW
peamitted. No owner of any lot shall pmmit t1w accunsubdon or btufg of gmteM fresh at
rubbish of any kind dwoom
Those portions of each nmptaved lot that are visible fmm the street, pdmadly the fiat
yard, shall be maintained with doh gram and/or s nWia ground cam, hdwated with any
nouWumandbuabosdwmaybchwmpordedimdmhwdscapbW, InaaWcase6whadwaywd
b phnadly covered with grass and/or gmumi cover or largely covered with nabaal gWvvth, the
yard shalt be kept in a memer camsistent witic a ---- , attractive neighboaiwod.
16.
VEMC =
No wNde or trader, wMch is eve, wracked, &musn&d. disoacded er wbic h does
not have (i) a lata►Rui lido aWwad troy (it) an unoapired licwonse platen or per, and (iir) a
valid n od motor vehiolo ad* faqwWon c wdfi=b6 shall be pwaitted won ow lot. If
visible ft+aw the stroll fbr apedod lunges than 72 hours mdrvlalattve veldcles doll be acbject to
being rowed away by the Assodaan at the owner's fie.
I � m��1�8BHAY�T 6
i
l
DK 6k Vol Pe
oM730 OR 7873 289
No motowyclm u otorbb^ 8irt-bika4 motar4 g"rts, or Oree and faorwhed
"off-roo r'veWe4 nor any shnD ve+bicles, vvhefler Hca=ed or unUccused may be opawbed an
s:►iot hatbe Subdivision. mare, no motorvebicle maybe operated inam& amamarthg
may be or boom= a danger, mdsw= or sawyanoe to tit noigbbodwod.
17.
STORAGE OF MATE[ MA
18.
GARBAGE AND REFUSE
IDWIFIOMBRA moor
D= a Yol Ps
DOW= OR 7877 290
19.
FENCES, WALLS, AND MARBOXES
20.
CONS'MCTION STANDARDS .
An coamtm ft =xt meet the roquicaso mtf and simfficatim set fioath by 60 City's
bdit vodes and . ' hmvnotodu vise gmcff dby stdnodes andaad dto
mphmseots adkdhby6te Reskictions "Peva0.
21.
FIREARMS
lU use ar disobwp ofldit]a, adfles, slot goon. or other thearms Of
is apres$lyp wbibited inor=mWpartofthe Subdivision. B=cpt&rcmwftmtlmtwbswhu
nail guns, mayklndofudttbatp mpels daogm m objem by air or sp ba wdo% eta_shall notbe
used or dbvhnrpd in or cat ww part of do SubdiviAm. NO being or tag Of=y kind is
aUowed in the Subdivision.
"J
No exmat antennas of my kind slasU be pecal tad or allowed on any lot widdu the
Subdivisionwb outpdor epprovslofdwCommiueeastoa am madr4 p
andvislbi *. ub msnrastl uu ma.d1shoMbaap Wmd,emotod,orinsWodOiOuw
p yorbmpxa*,natarWlAcmx$in anea�awlam+eitis
from public view. {See Arse 2 tip Lot IL)
MWOMMSENAMOMMOMMEMNS
Om Bk Vol Pg
00457343 OR 7872 291
23.
OBU ATTON OF LOT OWNER
It b dw obligation ofewhbOvidnal hit owner to fsmiliatize bdsow1f orhamEwith drew
reseed os and to comply with tom. The Committee, the Ammon or any lot owner in the
SWAwisdon is wAwd ed to initiate amp► legal action necamsy to eafat+oe these res"ans.
24
HORSE HAVEN FsrAims HOMBOWNms ASSOQATION
It is wWastood wd agreed tint the AnWes of bmrpmzdm and By -Laws of said
Carpoaraif i sW pr ," for sm�llyli�a following defiahioucs;
Every pamm or aOy who is a record owner of say lot in HMO Havre
Estates SnbdivW= (wbi& by oaveoaats of I C C U 11 is anbject to by the
Adam) be amembu o fffie Anociadon, Pov ta OYsn&pearmorCNION
does nothold siufi i merely as asewafiy for the PQtfimn8WV ofan obliged m
y g Rim: no Assca MM s1aaIl have two chi of voting membusbipw
JDWJF aaasa HAVM
Doc Sk Vol Ps
OO457343 Olt 7an 242
Clan A mambas d oU be aU those Lmt owners other dm the Devolopar
or a conflated at speadstive Builder as dd hmd by the Developer. Wlqn Moro
tbsn omre persdmmholds such I- i or interest in coy lot, all emch poisons"ba
members, and the vote for such lot sdml1 be aaeseieod as *ey Mang 600IseIVICS
debamf ne, but in no event shah mare then one vote bo last with respect to my ssuh
I"
Class B manbecs shall be the Daydoper and any Bcdldcsi as defined by
the DavelaM. The Class B men*cr shall be adidad to four voba far each lot in
which it b" the meet rewired for membership, provided tbat *a Class B
membaatnp dell case and b=m convc*d to CClus A membership on the
00currom of any ofthe Mowing evab, wbichmw is Ent: 0
(a) When the lot is sold to a tbird pence c9m than a Developer or a
Bulkhm
(b) When the tddwtes oubitsaft ind o ClmAmembmslsip equal
the toW votes out O is the Class B nmembaddp.
From aamd after the hag of tlsae avmts, whUm m' ow= cudiw. the Class B
member shall bo deemed to be a Class A membet and entitled to am vobe far cwh lot in which h
holds &a intm� required for moa*a%W
It is he ifer a agreed t a ft Artl ofInco abail po cmrlde that dse
m 90 bMd Bmad of D&�octars of fibs A od tal
se all after abeps
necaussmy to sssm the croon, exisbemxi cad ogpnin dasm of dw Car .
arotharohac wow aotpaid (30)dmy+ mfierft
dnodeteslmllbemin fcsomdsadmdoest6elessere 0therataof pcsoaat(18%)
per sssmmor(a)6a tatepennittedbylaw IbeAssodatimmybdogimactionstlaw
ag dnd the Owner pemmmily obligated, as apphcsbla, to pay tics saws or fbrec m *6 shove
described hen splust the Ownces Lot, as pwvbdat below.
Doc Sk Vol Pf
009WW DR 7872 M
xmir uMM
Doc 8k Vol ins
00957M OR 7872 294
(a) All p mpwdes dedicated to and egad by a laced pubUc urt m ty;
(b) Any Cowman Area; and
(c) All Foparda owned by a dmxMW or nm-Fo& ogdbdan =an$ i4m
tacation by 8t laws of floe State of T00% bowaver, no land or bnpovmwb
JDWffIa MHAVJW
Doc Bk Vol Pa
0495730 OR Tan m
devoted to dwelling use shall be exeampt Aeon said Maiatenance Amessumb or
atber cbuVw and useamentiL
PERIOD OF
26.
27.
WFORCEABIIM
Tha covam mts, resammOons, mamenft and resWotions set out havrin m for the benefit
of mW owner of a lot or lots in the Subdivision, said owner's hates, awcaft as, admMsUatom of
aWgas, and the Ate. Acomdiagly, all of the covenan% reservatlone, amts, and
radd coMminedhavin"becomb=dtobecovumarwmingwtlhdwb4aamable
at law or in equity, by smy one or mm of said paw.
2 &
SEVERABII.IY
ImvaHdationofagg one atmmofdwen ervadons„resWadams,covaeabanda
by judgmamt oruovrt cedar shall in no wayaffeot any of'tha adwprovWoms, which dmU remWn
in faU foace and pct.
29.
RIGHTS OF MORTGAAGM
Any violation of say of the amemedi6 moos, reservations Of COVIMMU cwntainad
herein shall not have the effect of im Ing or affiect the ddb of a w moatgagee or trustee
under any nmtpp or deed of t and o against any lot at the time the ea a=mds,
r m I jadoms, resetvad000a or coves may be violated.
Doc Bk Vol is
00ft - W OR TBn 296
tlevotes1or kA as satfmlh and doomml odinAW&24 ofWsdoo m out. Situ$ shall
be Mod ofmmd in *a OffWd R ds ofBmw C nty, Teals.
31.
ADDMONALPHASSS
(`M RBMAIND)0LOF THIS PAW 3 C M N I IONA ILYLWr BLAXQ
0
Filed for Retard log
$RAC ton
om! No N►27 at OWN
As a
lismlIIIIIill.
tit * It44w; oup5m
Atawst i 71.00
Recelrt Nm6w - RIM
iM Gallus
8TATE BF TM 01110 OF fiRA288
I s muro that tkis irsbw at vu
fllsd oa tks dots ad tin strived bWM III M
at as dais recard4d Is Me orlon ad nee
or the orficiai mmic reaorrds of
SIUMB
as staared.fives by M.
Or 73►20P
£ ,. Con am
am Cuff
1Dti JF AMM BIlVJW 074ZOOMBUM 14
0
Doc 8k Vol P:
th W343 OR 7872 197
OAKW OOD CUSTOM HOMES (}RO'UP. LTD.,
a Tom Smited pares
By: OAKWOOD.CUSTOM HOMIM31 IIDER3, C..
aTe�as�bedliabRity,
THE STATE OF TBXA3 §
COUNTY OF MtAZOS $
n
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THE STATE OF TEXAS
COUNTY OF BRAZOS
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DECLARATION OF COVENANTS AND RESTRICTIONS OF
HORSIS HAVEN ESTATES SIIBDIVIStION, PRASE THREE
THE STATE OF TEXAS
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Vrftessed Ob_LQA day of 2007.
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