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Aggieland Title Company
GF# 28084
EXAMINER'S REPORT
RECORD TITLE AT THE EFFECTIVE DATE HEREOF APPEARS TO BE VESTED IN
Muco Verde, LLC
THE LAND REFFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS
Tract One:
Lot One -E (1E), Block One (1), NORTH FOREST SUBDIVISION, an addition to the City of College
Station, Brazos County, Texas, according to the replat recorded in Volume 8727, page 167 of the
Official Public Records of Brazos County, Texas.
Tract Two - Easement:
All that certain tract or parcel of land, being the Shared Parking Easements, as created and shown on the
Replat of North Forest Subdivision, recorded in Volume 8727, Page 167 and further defined in the
Declaration of Covenants, Conditions and Restrictions recorded in Volume 9562, Page 32, of the
Official Public Records of Brazos County, Texas.
Tract Three - Easement:
All that certain tract or parcel of land, being the Shared Access Easements, as created and shown on the
Replat of North Forest Subdivision, recorded in Volume 8727, Page 167 and further defined in the
Declaration of Covenants, Conditions and Restrictions recorded in Volume 9562, Page 32, of the
Official Public Records of Brazos County, Texas.
3740 Copperfield Drive, Suite 101 • Bryan, Texas 77802
Phone (979) 731 -8400 • FAX (979) 731 -8408
GF# 28084
RESTRICTIVE COVENANTS
Volume 9562, Page 32, and as noted on the Plat recorded in Volume 8727, Page 167 of the Official
Public Records of Brazos County, Texas.
SCHEDULE B EXCEPTIONS
a. Any encroachment, encumbrance, violation, variation, or adverse circumstance
affecting the title that would be disclosed by an accurate and complete land survey of
the land.
b. Twenty -five foot (25') public utility easement along northeasterly lot line; Fifteen foot
(15') public utility easement along northerly lot line; Fifteen foot (15') public utility
easement along southeasterly lot line; Ten foot (10') public utility easement along
southerly lot line; Twenty foot (20') public utility easement along southeasterly and
southerly lot line; Fifteen foot (15') public utility easement along southerly lot line; Ten
foot (10') private drainage easement along southeasterly and southerly lot line; Shared
access easement along northerly side of lot line; Shared parking access easement along
northerly, northeasterly and southerly sides of lot line; all as noted or shown on Replat
recorded in Volume 8727, page 167 of the Official Public Records of Brazos County,
Texas and in Restrictions recorded in Volume 9562, page 32 of the Official Public
Records of Brazos County, Texas.
c. Building setback line as as set forth by the City of College Station Unified
Development Ordinance as noted on the Replat recorded in Volume 8727, page 167 of
the Official Public Records of Brazos County, Texas and in Restrictions recorded in
Volume 9562, page 32 of the Official Public Records of Brazos County, Texas.
d. Easement for sanitary sewer lines as shown in instrument from Laura M. Holmes to
City of College Station, Texas, dated February 26, 1986 and recorded in Volume 863,
page 812, Official Records of Brazos County, Texas.
e. Easement for sanitary sewer lines as shown in instrument from Laura M. Holmes to
City of College Station, Texas, dated February 26, 1986 and recorded in Volume .863,
page 816, Official Records of Brazos County, Texas.
f. Easement Agreement for Reciprocal Access by and between Muco Verde, LLC and
Herbert Cole and wife, Golda Cole as set out in instrument dated October 26, 2006,
recorded in Volume 7672, Page 248 of the Official Public Records of Brazos County,
Texas.
g. Rights of adjoining land owners or the public in general to the use and benefit of the
parking and access easements as created by the Replat of North Forest Subdivision,
recorded in Volume 8727, Page 167 and further defined in the Declaration of
Covenants, Conditions and Restrictions recorded in Volume 9562, Page 32, of the
Official Public Records of Brazos County, Texas.
AGGIELAND TITLE COMPANY Page 2
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GF# 28084
h. Maintenance fees and assessments, and the lien securing the payment thereof, as set out
in the Restrictions recorded in Volume 9562, Page 32 of the Official Public Records of
Brazos County, Texas. Said lien being subordinate to any purchase money first lien as
therein provided.
i. Mineral Reservation as set out in deed dated October 24, 1983 from Henry S.
Kapchinski and wife, Joyce Marie Kapchinski to Ronald E. Holmes and wife, Laura M.
Holmes, recorded in Volume 617, page 653, Official Public Records of Brazos County,
Texas. Title to this interest not investigated subsequent to date of said instrument.
j. Mineral Reservation as set out in Special Warranty Deed with Vendor's Lien dated
December 17, 2003 from Henry S. Kapchinski and Joyce Marie Kapchinski to Muco
Verde, LLC recorded in Volume 5778, page 282, Official Public Records of Brazos
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County, Texas. Title to this interest not investigated subsequent to date of said
instrument.
k. Estate created by oil, gas and mineral lease granted to Tom Jordan by Henry S.
Kapchinski and wife, Joyce Marie Kapchinski by instrument dated July 21, 1977 and
recorded in Volume 27, page 435 of the Oil, Gas and Mineral Lease Records of Brazos
County, Texas, and all terms, conditions and stipulations contained therein. Title to this
lease has not been investigated subsequent to date thereof.
1. Estate created by oil, gas and mineral lease granted to W & W Minerals, Inc. by Henry
S. Kapchinski and wife, Joyce Marie Kapchinski by instrument dated September 14,
1984 and recorded in Volume 744, page 201; Ratified in instrument recorded in
Volume 747, page 492, both of the Official Public Records of Brazos County, Texas,
and all terms, conditions and stipulations contained therein. Title to this lease has not
been investigated subsequent to date thereof.
m. Estate created by oil, gas and mineral lease granted to Central Plains Oil & Gas Corp.
by Henry S. Kapchinski and wife, Joyce Marie Kapchinski by instrument dated
September 13, 1991 and recorded in Volume 1363, page 31; Amended in instrument
recorded in Volume 1612, page 62, both of the Official Public Records of Brazos
County, Texas, and all terms, conditions and stipulations contained therein. Title to this
lease has not been investigated subsequent to date thereof.
n. Rights of parties in possession.
AGGIELAND TITLE COMPANY Page 3
GF# 28084
CURATIVE MATTERS
a. Deed of Trust dated December 27, 2006 from Muco Verde, LLC to. Steven D. Harper,
Trustee, securing the payment of one note of even date therewith in the principal sum
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of $2,814,814.00, and any other amounts payable under the terms thereof, payable to
Brazos Valley Bank, N. A., filed for record with the County Clerk of Brazos County,
Texas, on January 2, 2007, recorded in Volume 7754, page 243 of the Official Public
Records of Brazos County, Texas.
Assignment of Rents, Leases and other Benefits, dated December 27, 2006, from Muco
Verde, LLC to Brazos Valley Bank, recorded in Volume 7754, Page 258, of the
Official Public Records of Brazos County, Texas.
b. Property Taxes have not been searched.
This report is prepared and delivered with the express understanding and agreement, evidenced by the
acceptance hereof, that the undersigned is not rendering an opinion as to the title to the land under
investigation herein, and while believing its construction of the records as hereinabove set out to be true
and correct, still will incur no liability beyond the fee paid for this report by reason of such construction,
nor will it be liable for any error or omission of any kind whatsoever. This report is prepared for
informational purposes only, exclusively for the party paying the fee.
EXAMINER SIGNATURE
Preparation Date: September 22, 2011
Effective Date: September 12, 2011
Effective Time: 07:00 & 7:00 a.m.
AGGIELAND TITLE COMPANY Page 4
Return to Agg g e °ro njg
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRI F l ` , ern tn1
FOR NORTH FOREST SUBDIVISION t - s eGU
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THE STATE OF TEXAS § ,
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COUNTY OF i3RAZOS § Ooivant ttu Or (111!50578
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THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR NORTH
FOREST SUBDIVISION (this, "Declaration "), Is made on the date hereinafter se ,fa, ;:(tby�MUCOVthbE,
LLC, a Texas Limited Liability Company ( "Declarant ") for the purpose of evidencin the covenants,
conditions and restrictions contained herein. VIin•sinnta DaVenp
lftflTNESSETH:
WHEREAS, Declarant, is the owner of that certain real property known as the Replat of a Replat as
North Forest Subdivision, i3lock 1, Lots 1A thru 1E and Common Area, as approved by the City of College
Station and filed of record In Volume 8727, Page 167, of the Deed Records of Brazos County Texas (the
"County "), said subdivision referred to as the "Development ", and said plat, as may be amended or replatted,
being referred to as the "Plat" as attached hereto as Exhibit "A ", all of said real property being more
specifically described on the Plat of the Development which is incorporated herein and made a part hereof for
all purposes (the "Property).
NOW, THEREFORE, Declarant hereby declares that all of the Property shall be held, sold and
conveyed subject to the following easements, restrictions covenants and conditions, all of which are for the
purpose of enhancing and protecting the value, desirability and attractiveness of the Property. These
easements, covenants, restrictions and conditions shall run with the Property and be binding on all parties
having or acquiring any right, title or interest in the Property or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of Declarant and each owner thereof.
ARTICLE i
ADDITIONAL DE'FINIT
1.1 Association, "Association" shall mean and refer to North Forest Professional Owners'
Association, Inc., its successors and assigns.
1.2 Areas of Common Responsibttl4,g6 "Areas of Common Responsibility" shall mean those
areas listed below In which the Association shall maintain, upkeep and repair:
(a) Any open spaces or common areas as designated by the Plat or the City within the
Development.
(b) Any parking spaces located on a Lot and designated as a Shared Parking Easement on the
Plat.,
(c) Ail landscaping, parking spaces, driveways, and other exterior features Including the repair
and maintenance and replacement of existing landscaping, trees, shrubbery and foliage.
(d) Any part of the Property which Is transferred to the Association by the Declarant, whether by
dedication pursuant to the Plat, by deed, or otherwise,
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1.3 Declarant, The term "Declarant" shall mean WiUCO VERDE, LLC, a Texas Limited Liability
Company and any party to whom it shall expressly assign in wilting, Its rights, powers, privileges and
prerogatives hereunder.
1.4E City, "City" shall mean the City of College Station, Texas.
1.5 Lienholder. "Lienhoider" or "Mortgagee" shall meats the holder of a first mortgage Hen, either
on any Office Unit and /or any Lot.
1.65 Lot. "Lot" or "Lots" shall mean and refer to a portion of the Property designated as a Lot or
Tract on the Plat of the Property exoluding streets, alleys, parking lots and driveways and any Area of •
Common Responsibility, Where the context requires or indicates, the term Lot shall Include the Office Unit and
all other improvements which are or will be constructed on the Lot. Notwithstanding the foregoing, a Lot shall
Include any easement shown on the Plat, or otherwise, in favor of a Lot for the purpose of accommodating any
encroachment (including without limitation, encroachments of Office Unit roof lines, and Office Unit access
drives and walkways) of an Office Unit Into property adjoining a Lot; subject, however, to the condition that
such easernent shall for all purposes, remain a part of the Area of Common Responsibility.
1.7 Member. "Member" shall mean and refer to every person or entity who holds membership in
the Association. The Declarant and each Owner shall be a Member In the Association.
1.8 Office Unit "Office Unit" shall mean a single freestanding office unit constructed on a Lot
being a part of the Property, and the Lot upon which the Office Unit Is located. The term Office Unit shall
Include, without limitation, the multi tenant medical office to be constructed cn Lots 1B and 1C as
shown on the Plat and that may be constructed) on Lot 1E or any lots subdivided out of Lot 1E.
1.9 Owner. "Owner" shall mean and refer to the record Owner, other than Declarant, whether
one or more persons or entities, of a fee simple title to any Lot and shall include any builder, but shall exclude
those having such interest merely as security for the performance of an obligation. However, the term
"Owner" shall Include any Lienholder or Mortgagee who acquires fee simple title to any Lot which is a part of
the Property, through deed in lieu of foreclosure or through judicial or nonjudlcial foreclosure.
1,9 Ownership Unit. For these purposes, the following Lots shall have that number of
Ownership Units set forth below:
Lot Ownership Units
1A 1.0
1B &1C 2.0
1D 1.0
1 E 2.0
If and when Lot 1E is subdivided, the ownership units will equal the number of Lots. For
example, if It Is subdivided into 2 Lots, each Lot will have an ownership unit, if it is divided into 3 Lots, each wit
have 1 ownership unit. However, if it remains as one 1.372 acre lot, it will have 2 ownership units.
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A1''TICLE Il
PROPiERTY RIGHTS
Maintenance of Area of Common ties onstblliity by the Declarant and the Association, Initially, the
Declarant will be solely obligated to maintain and Improve the Areas of Common Responsibility in a prudent
manner to enhance the safety, security and appearance of the Development. Upon the happening of either of
the events set forth in Section 3.2(b) hereunder, the Association will be solely obligated to maintain and
improve the Areas of Common Responsibility in a prudent manner to enhance the safety, security and overall
appearance of the Development. Notwithstanding anything herein to the contrary, within 90 days after the
recording of this Declaration, the Declarant shall transfer title to the Areas of Common Responsibility.
' ARTICLE Ili
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
3.1 Ifliernbership. Declarant, during the time it owns any Lots, and each person or entity who is a
record Owner of a fee or undivided fee interest In any Lot shall be a Member of the Association. The foregoing
is not Intended to include persons or entitles who hold an Interest merely as security for the performance of an
obligation, Membership shall be appurtenant to and may not he separated from any ownership of any Lot
which Is subject to assessment by the Association. Transfer of ownership, either voluntarily or by operation of
law, shall terminate such Owner's membership in the Association, and membership shall be vested In the
transferee; provided, however, that no such transfer shall relieve or release such Owner from any personal
obligation with respect to assessments which have accrued prior to such transfer.
3.2 Voting Rights. An Owner shall have the number of votes as reflected by their Ownership
Units in Par, 1.9 above.
3.3 No Cumulative Voting, At all meetings of the Owners' Association, there shall be no
cumulative voting. Prior to all meetings, the Board of Directors shall determine the total number of votes
outstanding and entitled to vote by the Members.
3.4 Association's Powerrs, In addition to the rights of the Association set forth in other sections
of this Declaration, from and after the effective date of the transfer described In Article Ii hereof, the
Association shall have the duty to enforce the covenants under this Declaration and maintain all Areas of
Common Responsibility and shall have the right, power, and authority to do any act which is consistent with or
required by the provisions of this Declaration or the Bylaws, whether the same be expressed or implied,
including but not limited to the following:
(a) The power to levy and collect Assessments (as hereinafter defined), of whatever nature for
the maintenance, repair or replacement of the Areas of Common Responsibility existing on the Property and
for such other purposes as are herein provided;
(b) The 'power to keep accounting records with respect to the Association's activities ;
(c) The ;power to contract with and employ others for maintenance and repair; and
(d) The power to adopt rules and regulations concerning the operation of the Association.
Notwithstanding the foregoing, prior to the effective date of the transfer described in Article iI hereof,
the Declarant shall have and be vested with the duties and powers of the Association which are
referenced above.
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3.6 Suspension of Vattog_Rights. In the event that any Member shall have failed, following
thirty (30) trays written notice from the Declarant or the Association, to pay any Assessment when due, In
addition to any other remedy set forth in this Declaration, the voting rights of ouch Member shall be suspended
until such time that the Member shalt have paid Its proportionate share of all Assessments in full, The
suspension of a Members voting rights under this paragraph shall occur notwithstanding the fact that the
Member may, in good faith, be contesting the payment of the delinquent Assessments.
ARTICLE IV
ASSESSMENTS MAINTENANCE FUND AND ASSESSMENT Li1M
4.1 ; Creation of the Lien and Personal Ohiraption ofA ..ents, Each Owner of any Lot by
acceptance of a deed therefor, whether or not it shall be expressed in any such deed or other conveyance,
covenants and agrees to pay to the Association: (1) annual assessments or charges, to be paid monthly as
provided for herein or by the rules and regulations of the Association, and (ii) special assessments for capital
Improvements. Such assessments (collectively, the "Assessments") are to be fixed, established and collected
as provided herein. Assessments, together with such interest thereon and costs of collection thereof, as
hereinafter provided, shall be a charge on the Lot and shall be secured by a continuing lien which Is hereby
created and impressed for the benefit of the Association upon the Lot against which each such Assessment is
made. Each such Assessment, together with such interest costs and reasonable attorney's fees shall also
constitute a personal obligation of the person or entity who was the record Owner of such Lot at the time of the
Assessment, The personal obligation for delinquent Assessments shall not pass to successors in tide unless
expressly assumed by such successor&; however, the lien upon the Lot shall continue until paid.
4.2 purpose of Assessments. The Assessments levied by the Association shall be used
exclusively for the purpose of promoting the health, safety and welfare of the Owners of the Lots, the
Improvement and maintenance of the Areas of Common Responsibility and any other property owned by the
Association, the construction and maintenance of any signs, advertisements or displays located In the Areas
of Common Responsibility, and the performance and /or exercise of the rights and obligations of the
Association arising hereunder. Assessments shall include, but not be limited to, binds to cover actual
Association costs (including reasonable reserves) for all taxes, insurance, repair, replacement, maintenance
and other activities as may from time to time be authorized by the Board of Directors; legal and accounting
fees, and any fees for management 'services; expenses incurred in complying with any laws, ordinances or
governmental requirements applicable to the Association or the Property; reasonable replacement reserves
and the cost of other facilities and service activities, Including, but not limited to, mowing grass, grounds care,
sprinkler system, landscaping, and other charges required or contemplated by this Declaration and /or that
which the Board of Directors of the Association shall determine to be necessary to meet the primary purpose
of the Association, including the establishment and maintenance of a reserve for repair, maintenance, taxes
and other charges as specified herein,
4.3 basis and Maximum of Annual /movements.
per Ownership Unit o be determined m j iined by the Deccarant; subject,
however Assessment
the however, rovi provisions herein for annual
increases, At such time that the regular maximum annual Assessment has been determined by the Declarant,
the amount of such Assessment shall be recorded In the books and records of the Association.
(b) From and after April 1, 2010, the maximum regular annual assessment may be Increased by
an amount up to ten percent (10 %) over the preceding year's regular annual assessment solely by the Board
of Directors. Any increase over and above 10% of the previous year's regular annual assessment shall be
done only by the prior written approval of sixty -six and two- thirds percent (66 -2/3 %) of the outstanding Votes
(determined pursuant to Section 3.2 hereof) held by the Members at a meeting at which a quorum is present.
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4.4 Special Assessments. In addition to the regular annual Assessment authorized above, the
Association may levy, in any assessment year, a Special Assessment applicable to that year only, for the
purpose of defraying, In whole or in part, the costs incurred by the Associatl!Dn pursuant to the provisions of
this Declaration, provided that any such Assessment shall have the prior written approval of sixty -six and
two - thirds percent (66 -2/3 %) of the outstanding votes (determined pursuant to Section 3.2 hereof) held by the
Members at a meeting at which a quorum is present. Any Special Assessments shall be prorated based on
the period of time the Owner owns the Lot during such year.
4.6 Notice and quorum for any Action Authorized Secttons211.3 and 4.4, Written
notice of any meeting called for the purpose of taking any action authorized under Sections 4.3 and 4.4
hereunder shall be given to all Members not less than ten (10) days nor more than twenty (20) days in
advance of such meeting. At such meeting, the presence of Members or of written proxies entitled to cast
sixty percent (60 %) of all the votes entitled to be cast by the Members of the Association shall constitute a
quorum. If the required quorum is not present, another meeting may be called subject to the same notice
requirements and the required quorum at the subsequent meeting shall be one -half (112) of the required
quorum at the preceding meeting,
4.6 Uniform Rate of Assessment, Both the regular annual and Special Assessments shall be
fixed at a uniform rate for all Ownership Units, and shall commence and be due In accordance with the
provisions or Section 4,7 hereof. Each Owner shall pay one hundred percent (100 %) of the established
Assessment for each Lot (based on the number of Ownership Units) he or it owns.
.4.7 Date of Commencement of Annual Assessments: Due Dates.
(a) The obligation to pay regular annual assessments on a monthly basis as provided for herein
shall commence no earlier than April 1, 2010, The Assessments shall then be due on such payment dates as
may be established by the Association. Assessments shall be due and payable on m monthly basis unless
otherwise designated by the Association.
(b) The annual Assessments for the first Assessment year shall be fixed by the Association prior
to the sale of the first Lot to an Owner. Except for the first Assessment year, the Association shall fix the
amount of the annual Assessment at least thirty days In advance of each Assessment year, whloh shall be the
• calendar year; provided, however, that the Association shall have the right to adjust the regular annual
Assessment upon thirty days written notice given to each Owner, as long as any such adjustment does not
exceed the maximum permitted pursuant to Section 4 hereof, Written notice of the regular annual Assessment
shall be given as soon as is practicable to every Owner subject thereto, The Association shall, upon demand
at any time, furnish a certificate in writing signed either by the President, Vice President or the Treasurer of the
Association setting forth whether the annual and special Assessments on a specified Lot have been paid and
the amount of any delinquency. Such certificates shall be conclusive evidence of payment of any Assessment
therein stated to have been paid.
(c) No Owner may exempt himself from liability for Assessments by waiver of the use or •
enjoyment of any portion of the Development or by abandonment of his Office Unit.
4.0 Effect of Non - Payment of,Asse of Ole Assc+cl!ation.
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(a) Ail payments of the Assessments shall be made to the Association at its principal place of
business In Brazos County, Texas, or at such other place as the Association may otherwise direct or permit.
Payment shall be made in full regardless of whether any Owner has any dispute with Declarant, the
Association, any other Owner or ahy other person or entity regarding any matter to which this Declaration
relates or pertains, Payment of the Assessments shall be both a continuing affirmative covenant personal to
the Owner and a continuing covenant running with the Lot,
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(b) Any Assessment provided for In this Declaration which is not paid when due shall be
delinquent. If any such Assessment Is not paid within thirty (30) days after the date of delinquency, the
Assessment shall bear Interest from the date of delinquency (with no notice required to be given), until paid, at
the rate of ten percent (10 %) per annum or the maximum rate allowed by law, whichever is the lesser. The
Association may, at its option, bring an action at law against the Owner personally obligated to pay the same,
or, upon compliance with the notice provisions hereof, foreclose the lien against the Lot as provided in
Subsection 4.8(d) hereof, There shall be added to the amount of such Assessment the costs of preparing and
filing the complaint in such action, and in the event a Judgment is obtained, such judgment shall include said
interest and a reasonable attorney's fee, together with the costs of action, Each Owner vests in the
Association or its assigns, the right and power to bring all actions at law or in equity foreclosing such lien
against such Owner, and the expenses incurred in connection therewith, including interest, costs and
reasonable attorneys fees shall be chargeable to the Owner in default, Under no circumstances, however,
shall Declarant or the Association be liable to any Owner or to any other person or entity for failure or inability
to enforce any Assessments.
(c) No action shall be brought to foreclose said Assessment lien or to proceed under the power of
sale herein provided in less than thirty (30) days after the crate a notice of claim of lien is deposited with the
postal authority, certified or registered, postage prepaid, to the Owner or said Lot, and a copy thereof is
recorded by the Association in the Office of the County Clerk of the County; said notice of claim must recite a
good and sufficient legal description of any such Lot, the record Owner or reputed Owner thereof, the amount
claimed (which may, at the Association's option, include interest on the unpaid Assessment at the maximum
legal rate, plus reasonable attorney's fees and expenses of collection in connection with the debt secured by
said lien), and the name and address of the Association.
(d) Any such sate provided for above is to be conducted in accordance with the provisions applicable
to the exercise of powers of sate in mortgages and deeds of trust, as set forth in Section 51,002 of the
Property Code of the State of Texas (as it may be amended from time to time), or In any other manner
permitted by law. Eaoh Owner, by accepting a deed to a Lot, expressly grants to the Association a power of
sale as set forth In said Section 51.002 of the Property Code, In connection with the Assessment lien, The
Association, through duly authorized agents, shall have the power to bid on the Lot at foreclosure sale and to
acquire and hold, lease, mortgage and convey the same.
(e) Upon the timely curing of any default for which a notice of claim of lien was filed by the
Association, the officers of the Association are hereby authorized to file or record, as the case may be, an
appropriate release of such notice, upon payment by the defaulting Owner of a fee, to be determined by the
Association but not to exceed the actual cost of preparing and filling or recording the lien and the release. The
Assessment lien and the right to foreclosure sale hereunder shall be in addition to and not in substitution of all
other rights and remedies which the Association and its successors or assigns may have hereunder and by
law, including the right of suit to recover a money judgment for unpaid Assessments, as above provided.
4.9 Subordination of Lion to Fiat ill rtr arges. The lien securing the Assessments provided for
herein shall be expressly subordinate to the lien of any purchase money first lien mortgage on any Lot. The
sale or transfer of any Lot shall not affect the Assessment lien. No sale or transfer shall relieve such Lot from
liability for any Assessment thereafter becoming due, In accordance with the terms herein provided.
4.10 planaggement Agreements. The Association shall be authorized to enter into
management agreements with third parties In connection with the operation and management of the
development and the performance of its obligations hereunder, A copy of all such agreements shall be
available to each Owner. Any and all management agreements entered into by the Association shall provide
that said management agreement may be canceled with or without cause and without penalty by either party
with thirty (30) days written notice. Any and all management agreements shall be for a term not to exceed one
year and shalt be made with a professional and responsible party or parties with proven management skills
and experience managing a protect of this type. The Association may, at its discretion, assume self
management of the development by the Association.
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4.11 Insurance Requirements. The Association shall obtain insurance policies covering the
Areas of Common Responsibility and any open spaces and covering all damage or injury caused by the
negligence of the Association, any of its employees, officers, directors and /or agents, Including, but not limited
to, commercial general liability Insurance, directors and officers liability insurance, and such other Insurance as .
the Association may from time to time deem necessary or appropriate.
ARTICLE V
ARCHITECTURAL CONTROL COMMITTEE
5.1 Appointment of ltMlembers, The Association shall appoint an Architectural Control
Committee (the "Committee "), which shall consist of three members who shall be natural persons and may be
affiliated with Declarant. All matters before the Committee shall be decided by majority vote of its members.
After the earlier of five (5) years; or the completion of improvements on all available Lots, the Association shall
assume all of the rights and powers of the Committee. In the event of death, incapacity or resignation of a
member of the Committee, the successor for such member shall be appointed by the majority of the remaining
members of the Committee if before the above date and by the Association if after such date.
5.2 Submission of Plans to Architectural Control Committee, No building, fence, wall,
parking area pole, mall box, driveway, fountain, pond, sign, exterior color or shape, or new or modification of a
structure shall be commenced, erected or maintained upon any Lot after the purchase of any Lot from
Declarant, nor shall any exterior addition to or change or alteration therein be made until the plans and
specifications showing the nature, kind, shape, height, materials and location of the same are submitted to
and approved by the Committee. Plans and specification shall be submitted to the Committee at least
fourteen (14) days prior to the commencement of any construction or modification. The following shall be
submitted for approval: a site plan showing the entire Lot with existing Improvements, and floor plan and
elevations of ail faces of the proposed structure; and a description of all exterior construction materials. A
copy of the above described plans and specifications may be retained by Declarant.
5.3 Approval of Plans. The Committee shall review the plans and specifications and notify the
Owner in writing of Its approval or disapproval. If the Committee falls to approve or disapprove said plans and
specifications within fourteen (14) clays after the same has bean submitted to it, they will be deemed to have
been approved by the Committee. Any disapproval shall set forth the elements disapproved end the reason or
reasons thereof. The judgment of the Committee In this respect in the exercise of its sole and. absolute
discretion shall be final and conclusive and the Owner shall promptly correct the plans and specifications (if
disapproved) and resubmit them for approval. No construction, alteration, change or modification shall
commence until approval of the Committee is obtained. The Committee may approve any deviation from
these covenants and restrictions as the Committee, in Its sole and absolute discretion, deems consistent with
the purpose hereof. No member of the Committee shall be liable to any Owner for any claims, causes of
action or damages arising out of the denial of any submittal or grant of any deviation to an Owner. Future
requests for deviations submitted hereunder shall be reviewed separately and apart from other such requests
and the grant of a deviation to any Owner shall not constitute a waiver of the Committee's rights to strictly
enforce the Declaration and the architectural standards provided herein against any other Owner. Approval by
the Committee of the plans and specifications or its determination that the completed construction or
modification has been constructed in accordance with the plans and specifications shall be deemed to be an
acknowledgment by, the Committee that such are In accordance with this Declaration and such
acknowledgment shall be binding against the Owners of the Lots and the Property.
6.4 Committee Members" Liability., Neither the Declarant, the Association, the Board, the
Committee nor any employees, officers, directors or members thereof shall be liable for damages or otherwise
to anyone submitting plans and specifications for approval or to any Owner affected by this Declaration by
reason of mistake of Judgment, negligence or nonfeasance arising out or in connection with the approval or
disapproval or failure to approve or disapprove any plans or specifications. Any errors in or omissions from
the plans of the site plan submitted to the Committee shall be the responsibility of the Owner of the Lot to
C:IMDIM000 VERDE, LLCINORTII FOREST SU8D1VISIONiDECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Page 7 of 15
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which the Improvements relate, and the Committee shall have no obligation to check for errors in or emissions
from any such plans, or to check for such plans' compliance with the general provisions of this Declaration,
City codes, state statutes or the common law, whetherthe same relate to Lot lines, building lines, easements
or any other issue.
ARTICLE VI
CONSTRUCTION OF IMVMPROVIaMEN TS AND USE OF LOTS
Eustness Use. The Property shall be used for any and all business purposes which are not
prohibited by the applicable zoning regulations of the City of College Station, Brazos County, Texas, No
building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) Office Unit per
Lot, which Office Unit may not exceed two (2) stories in height.
6.2 Restrictions on Resubdividine, No Lot shall be subdivided Into smaller Lots except Lot 1E
which may be subdivided Into no more than 3 lots.
6.3 Driveways. All driveways and parking spaces shall be surfaced with concrete or similar
substance approved by the Committee.
6.4 Uses Specifically Prohibited.
(a) No temporary dwelling shop, trailer or mobile home of any kind or any improvement of a
temporary character (including greenhouses, gazebos and buildings for storage) shall be permitted on any Lot
except that the builder or contractor may have temporary improvements (such as a sales office and/or
construction trailer) on a specifically permitted Lot during construction of the building on that Lot, No building
materiel of any kind or character shall be placed or stored upon the Property until construction is ready to
commence, and then such material shall be placed totally within the property lines of the Lot upon which the
improvements are to be erected, or on a specifically permitted portion of the Area of Common Responsibility.
(b) No boat, marine craft, hovercraft, aircraft, recreational vehicle, pick -up camper, travel trailer,
motor home, camper body or similar vehicle or equipment or vehicles which are not in operational condition
may be parked for storage on any part of any Lot or parked on any public street on the Property. This
restriction shall not apply to any vehicle, machinery or equipment temporarily parked while in use for the
construction, maintenance or repair of a building In the Development.
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(c) intentionally Omitted.
(d) No vehicle of any size which transports ltammable or explosive cargo may be kept on the
Property at any time, except delivery vehicles used in the ordinary course of business for any Lot owner.
(e) Intentionally Omitted.
(f) No structure of a temporary character, such as a trailer, tent, shack, barn, underground tank
or structure or other out - building shall be used on t he Property at any time for any purpose; provided, however,
that any builder rnay•maintain and occupy construction trailers during the construction period, but not as a
residence.
(g) No oil drilling, all development operation, oil refining, quarrying or mining operations of any
kind shall be permitted in or on the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts
be permitted upon or in any part of the Property, No derrick or other structure designed for use In quarrying or
boring for oil, natural gas or other minerals shall be erected, maintained or permitted on the Property.
(h) No animals, livestock or poultry of any kind shall be raised, bred or kept on the Property.
CVAD\MUCO VERDE, =WORTH FOREST SUBDNISI0N.DECI.ARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Page 8 of 15
(I) No Lot or other area of the Property shall be used as a dumping ground for rubbish or
accumulation of unsightly materials of any kind, including without limitation, broken or rusty equipment,
disassembled or Inoperative cars and discarded appliances and furniture. Trash, garbage or other waste shall
not be kept except in sanitary containers. All containers for the storage or other disposal of such material shall
be kept In clean and sanitary condition. Materials incident to construction of improvements may only be stored
on Lots during construction of the improvement thereon.
(j) No Individual water supply system shall be permitted on any Lot.
(k) No individual sewage disposal system shell be permitted on any Lot.
(1) No garage, garage house or other out - building (except for construction trailers during the
construction period) she!' be occupied by any Owner, tenant or other person.
(m) No air - conditioning apparatus shall be installed on the ground in front of a building. No
air- conditioning apparatus shall be attached to any front wall or window of a building. No evaporative cooler
shall be installed on the front wall or window of a building.
(n) Except with the written permission of the Committee, no anl satellite dishes or other
equipment for receiving or sending sound or video signals shall be permitted in or on the Property.
(o) No fence, wall, hedge or shrub planting which obstructs sight lines at an elevation between
three and six feet above the roadway shall be placed or permitted to remain on any corner Lot within the
triangular area formed by the street right -of -way lines, or In the case of a rounded property corner, from the
intersection of the street right -of -way lines as extended. The same sight -line limitations shall apply on any Lot
within that area is ten feet from the intersection of a street right -of -way line with the edge of a private driveway
or alley pavement. No tree shall be permitted to rernain within such distance of such intersections unless the
foliage line Is maintained at a minimum height of six feet above the adjacent ground line.
(p) No building previously constructed elsewhere shall be moved onto any Lot, It being the
intention that only new construction be placed and erected on the Property.
(q) Within those easements on each Lot as designated on the Plat of the Development, no
. improvement, structure, planting or materials shall be placed or permitted to remain which might damage or
interfere with the installation, operation and maintenance of public utilities, or which might alter the direction of
flow within drainage channels or which might obstruct or retard the flow of water through drainage channels.
The general grading, slope and drainage plan of a Lot as established by the Declarant's approved
development plans may not be altered without the approval of the City and/or other appropriate agencies
having authority to grant such approval.
(r) Other than (1) signs or displays constructed and maintained by the Association for use by all
Owners and tenants, and (1i) signs attached to the exterior wall of any Office Unit which comply with the then
existing College Station sign ordinance, no sign, advertising or display of any kind may be constructed,
erected or maintained on the Property. Notwithstanding anything herein to the contrary, all exterior signs,
advertisements or displays must be approved In advance by the Committee.
(s) No burning of anything shall be permitted anywhere on the Property.
6.7 MaxTrrita:i Floor Area. The total area of each Office Unit, as measured to the outside of
exterior walls, shall be not less than two thousand five hundred (2,500) square feat or the minimum floor area
as specified by the City, whichever is greater, The Declarant may limit the maximum number of square feet of
any building built on Lot 1E or the lots created out of the subdividing of Lot 1E, City of College Station
ordinance prohibits this subdivision from exceeding 50,070 square feet of building in the subdivision.
CAM MOCO VERDE, 11C1N0R'rH FOREST SUBDIVISION DECLARATION OF COVENANTS, CONDi.TIONS, AND RESTRICTIONS Page 9 of 15
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6.8 6luliding Materials. The total exterior wall area (excluding windows, doors and gables) of
each building constructed on a Lot shall not be less than ninety percent (90 %) (but not less than the minimum
percentage as established by the City by ordinance or building code requirement) brick, brick veneer, stone,
stone veneer, or other masonry material approved by the Committee. Windows, doors, other openings,
gables or other areas above the height of the top of standard height first-floor windows are excluded from
calculation of total exterior wall area. All roofing shall be approved In advance by the Committee, and shall
comply with requirements of the City.
6.9 Setback Requirements. No building shall be located on any Lot nearer to the front lot line or
nearer to the side lot Line than the minimum setback lines shown on the Plat or as required by the City.
6.10 Waiver of Setback Require With the written approval of the Committee and subject
to plat and zoning restrictions, any building may be located further back fronn the front property line of a Lot
than provided above, where, in the opinion of the Committee, the proposed location of the building will
enhance the value and appearance of the Lot and will not negatively impact the appearance of adjoining Lots,
6.11 Sidewalks, All walkways along public right -of -ways shall conform to the minimum
property standards of the City.
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6,12 Mailboxes. Mailboxes shall be standardized and shall be constructed Oa material and
design approved by the Committee (unless gang boxes are required by the U.S. Postal Service).
6,13 Windows, Windows, jambs and mullions ehall be composed of anodized aluminum or wood.
All front elevation windows shall have baked-on Feinted aluminum divided light windows (no mill finish).
6.14 LandscaDIng. The Association shall complete landscaping on a portion of the Area of
Common Responsibility associated with each Lotwlthin sixty (60) days, subject to extension for delays caused
by inclement weather, after the Office Unit construction Is completed and shall include grassed front and side
yards.
6.15 General Maintenance of Lots. Following occupancy of the Office Unit upon any Lot, each
Owner shall maintain and care for the Office Unit in good condition and repair and In conformity with the
general character and quality of properties in the Immediate area, such maintenance and repair to include but
not be limited to: (I) the replacement of wom and/or rotted components, (ll) the regular painting of all exterior
surface, (iii) the maintenance, repair and replacement of roofs, rain gutters, down spouts, exterior walls,
windows, doors, areas and other exterior portions of the Office Unit to maintain an attractive appearance.
Upon failure of any Owner to maintain an Office unit owned by him in the manner prescribed herein, the
Declarant or the Association, or either of them, at its option and discretion, but without any obligation to do so,
but only after thirty days written notice to such Owner to comply herewith, may enter upon such Owner's
Office Unit and undertake to maintain and care for such Office Unit to the condition required hereunder, and
the Owner thereof shall be obligated, when presented with an itemized statement, to reimburse said Declarant
and /or Association for the cost of such work within ten days after presentment of such statement. This
provision, however, shall in no manner be construed to create a lien in favor of any party on any Office Unit for
the cost or charge of such work or the reimbursement for such work. Notwithstanding anything herein to the
contrary, prior to entry into an Office Unit by the Declarant or the Association, the owner or occupant of such
Office Unit shall be given twenty -four (24) hours notice of such intended entry, and a reasonable opportunity to
be present during such entry; and further, unless otherwise consented to by the owner or occupant of an
Office Unit, the Declarant or the Association may only enter an Office Unit for the purposes described herein
during regular business hours.
6.16 Construction of Parking Facilitf a, SI evtallcs and Driveways, The Declarant has
constructed all required parking facilities, sidewalks and driveways necessary for the occupancy of any Office
Unit on or prior to the issuance of a certificate of occupancy for such Office Unit.
011AI'MUC0 VERDE, U.CINORTII FOREST SUBDIVISIONDDEC1 ARATION OP COVENANTS, CONDITIONS, AND I ESTRICTIONS Page 10 of 15
ARTICLE VII
GENERAL PROVISIONS
7.1 IEasernents. A private easement for Ingress, egress, and parking is reserved as
shown on the Plat, and said ingress, egress, and padding easement shall Inure to the benefit of each
l.ot. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown
on the Plat. Easements are also reserved for the installation, operation, maintenance and ownership of utility
service lines frorn the property lines to the buildings, Declarant reserves the right to make changes in and
additions to the above - referenced easements for the purpose of most efficiently and economically installing
improvements to the Lots.
7.2 jcnfforcernent. The Declarant or the Association, or any Owner, shall have the right to
enforce, by any proceeding at law or In equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration, the By -Laws and Articles of
Incorporation. Failure by the Association or by any Owner to enforce arty covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter. With respect to any litigation
hereunder, the prevailing party shall be entitled to recover reasonable attorneys fees from the non - prevailing
party,
7.3 3everabillty. if any condition, covenant: or restriction herein contained shall be invalid,
whioh invalidity shall not be presumed until the same Is determined by the final judgment or order of a court of
competent jurisdiction, such Invalidity shall In no way affect any other condition, covenant or restriction, each
of which shall remain in full force and effect.
7.4 "arm. The covenants and restrictions of this Declaration shall run with and bind the
Property, and shall insure to the benefit of and be enforceable by Declarant (during the time it owns any Lots),
the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives,
heirs, successors and assigns,.for a term of twenty -five years from the date this Declaration is recorded, after
which time said covenants shall be automatically extended for successive periods often (10) years, unless by
vote, of the then Owners of 67% of the Lots (and the City, if then a party hereto) agree in writing to terminate
or change this Declaration in whole or in part and such writing is recorded In the Real Property Records of the
County.
7.8 . Amendment. This Declaration may be amended or modified upon the express written
consent of at least sixty -six and two- thirds percent (66 -2/3 %) of the outstanding votes (determined pursuant
to Section 3,2 hereof) held by Members at a meeting at which a quorum is present. If the proposed
amendment involves a modification of any of the Association's agreements, covenants or restrictions
pertaining to the use, maintenance, operation, maintenance and/or supervision of any Areas of Common
Responsibilities, the approval of the City must also be obtained for such amendment, Any and all
amendments, if any shall be recorded in the office of the County Clerk of Brazos County, Texas.
Notwithstanding the foregoing, Declarant shall have the right to execute and record amendments to this
Declaration without the consent or approval of any other party if the sole purpose of the amendment is for the
purpose of correcting technical errors or for purposes of clarification.
•
7.8 gender and Grammar, The singular wherever used herein shall be construed to mean the
plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply
either to corporations or individuals, men or women, in all cases shall be assumed as though fully expressed
in each case.
7.7 Remedies. Enforcement of these covenants and restrictions shall be by any proceeding
at law or in equity, including, without limitation, an action for Injunctive relief, It being acknowledged and agreed
that a violation of the covenants, conditions and restrictions contained herein could cause irreparable injury to
Declarant and /or the other Owners and that the Declarant's andlor the other Owner's remedies at law for any
C:\M \MUCO VERDE, LLCWORTH FOREST SMOVIViSION\»ECLARATiON OF COVENANTS, CONDITIONS, AND RESTRICTIONS Page 11 of 15
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breach of the Owners' obligations contained herein would be inadequate. Enforcement may be commenced
by the Association, the Declarant, the City, or any Owner against any person or persons violating or attempting
to violate them, and failure by the Assoclatlon, the Declarant or any Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The rights
created herein are unique and enforceable by specific performance.
7M Notices to MemberlCiwner. Any notice required to be given to any Member and /or Owner
under the provisions of this Declaration shall be deemed to have been properly delivered forty-eight (48) hours
after deposited in the United States Mall, postage prepaid, certified or registered mail, and addressed to the
last known address of the person who appears as Member or Owner on the records of the Association at the
time of such mailing.
7.9 pleadings. The headings contained in this Declaration are far reference purposes only
and shall not in any way affect the meaning or interpretation of this Declaration. Words of any gender used
herein shall be held and construed to include any other gender and words in the singular, shall be held to
Include the plural and visa versa unless the context requires otherwise.
710 Formation of Assor;latio in spection of Documents, Booice and Records. The
Assoclatlon shall be formed by Declarant as a non- profit corporation in accordance with the laws of the State
of Texas. Management and governance of the Associatiorl shall be Impiementeci and /or undertaken In
accordance with its Articles of incorporation, In accordance with this Declaration, and in accordance with the
Bylaws which shall be adopted by the Association following its formation. The Association shall make
available copies of the Declaration, Bylaws, Articles of incorporation, rules and regulations governing the
Association as well as the books, records and financial statements of the Association for inspection by Owners
or any Mortgagee during regular business hours or other reasonable times.
7.11 Indemnitit. The Association shall indemnity, defend and hold hamiiess the Declarant, the
Board, the Committee and each director, officer, employee and agent of the Declarant, the Board and the
Committee from all judgments, penalties (Including excise and similar taxes), fines, settlements and
reasonable expenses (including attorneys' fees) incurred by such Indemnified person under or In connection
with this Declaration or the Property to the fullest extent permitted by applicable law. Such indemnity to
include matters arising as a result of the sole or concurrent negligence of the indemnified party, to the extent
permitted by applicable law.
7.12 Failure of Declarant or Assocliation to Perform Duttea. $houlct the Declarant or the
Association fail to carry out Its duties as specified in this Declaration, the City or Its lawful agents shall have the
right and ability, after due notice to the Declarant or the Association, to remove any landscape systems,
features or elements that are the responsibility of and cease to be maintained by the Declarant or the
Association; to perform the responsibilities of the Declarant or the Assoclatlon If either party fails, to do so In
compliance with any of the provisions of this Declaration or of any applicable City codes or regulations; to
assess the Declarant or the Association for all costs incurred by the City In performing said responsibilities if
the Declarant or the Association fal Is to do so; and/or to avail itself of any other enforcement actions available
to the City pursuant to state law or City codes and regulations. Should the City exercise its rights as specified
above, the Declarant or the Association shall indemnify and hold harmless the City from any and ail costs,
expenses, suits, demands, liabilities or damages, Including attorney's fees and costs of suit, incurred or
resulting from the City's removal of any landscape systems, features or elements that cease to be maintained
by the Declarant or the Association or from the City's performance of the aforementioned operations,
maintenance or supervision responsibilities of the Declarant's or the Association's failure to perform said
duties. The obligations described iri this paragraph are solely obligations of the Association (and the Declarant
If the Declarant remains so obligated), and no other party, including without limitation, the Declarant (assuming
the Declarant Is no longer so obligated) or any Owner, shall have any liabilities or obligations in connection
therewith.
C:\MD\MUCO VERDE, LLC\NORTH FOREST SUBDiVISWDECLARATION OP COVENANTS, CONDiT(ONS, AND RESTRICTIONS Page 12 of 15
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Section 7.13 13ind Effect. Each of the conditions, covenants, restrictions and agreements
herein contained is made for the mutual benefit of and is binding upon, each and every person acquiring any
part of the Property, it being understood that such conditions, covenants, restrictions and agreements are not
for the benefit of the owner of any land except land In the Development. 'Phis Declaration, when executed,
shall be filed of record in the Real Property Records of the County so that each and every owner or purchaser
of any portion of the Development is on notice of the conditions, covenants, restrictions and agreements
herein contained.
Section 1.14 Recorded Nit, Other Authorities. All dedications, limitations, restrictions and
reservations that are shown on the Plat are deemed to be incorporated herein and shall be construed as being
adopted in each contract, deed or conveyance executed or to be executed by the Declarant, conveying the
Lots, whether specifically referred to therein or not. If other authorities, such as the City or the County, impose
more demanding, expensive, extensive or restrictive requirements than those that are set forth herein (through
zoning or otherwise), the requirements of such authorities shall be complied with. Other authorities' Imposition
of lesser requirements than those that are set forth herein shall not supersede or diminish the requirements
that are set forth herein.
Section 7.18 No Warranty of Enforceability. While the Declarant has no reason to believe that
any of the restrictive covenants or other terms or provisions contained in this Declaration are or may be Invalid
or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the
present or future validity or enforceability of any such restrictive covenants, Any Owner acquiring a Lot in the
Development In reliance on one or more of such restrictive covenants, terms or provisions shall assume all
risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant and the
Association harmless therefrom. The Declarant shall not be responsible for the acts or omissions of any
Individual, entity or other Owners.
Section 7.16 Right of Enforcement. The failure by Declarant or the Association to enforce any
provision of this Declaration shall in no event subject Declarant or the Committee to any claims, liability, costs
or expense; it being the express intent of this Declaration to provide Declarant with the right (such right to be
exercised at Its sole and absolute discretion), but not the obligation to enforce the terms of this Declaration for
the benefit of any Owner(s) of any Lot(s) In the Development.
Section 7.11 Universal Easements. The Owner of each Lot (including Declarant so long as
Declarant Is the Owner of any Lot) is hereby granted an easement as shown on the Plat for the purpose of
accommodating any encroachment or protrusion due to engineering errors, errors in original construction,
surveying, settlement or shifting of any building, or any other cause There shall be easements for the
maintenance of said encroachment, protrusion, settling or shifting; provided, however, that In no event shall an
easement for encroachment or protrusion be created In favor of an Owner or Owners of said encroachment or
protrusion occurred due to willful misconduct of said Owner or Owners, in addition, the Owner of each Lot is
hereby granted an easement, as shown on the Plat, for minor encroachments by overhanging roofs and eaves
as originally constructed over each aclJoining Lot and for the maintenance thereof. Each of the easements
hereinabove referred to shall be deemed to be established upon the recordation of this Declaration and shall
be appurtenant to each affected Lot and shall pass with each conveyance of said Lot.
C:\ MDIMOCO VERD , LLC\NORTH FOREST SUBDIVISIONIDECLAttATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Page 13 of 15
Ihl WMTN a = H • EOF, the undersigned, being the Declarant herein, has hereto set Its hand this
the ,11 , day of f . v 010.
IUIUCO VERDE, LLC,
a Texas limit lability C. •any
By:
Thom. s A. Sa zer, • re ';dent
THE STATE OF TEXAS
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the,.r /day o f ( J k�roi 0, by T homas A. Selzer,
President of Muco Verde, LLC, a Texas Limited Liability Company, known to me to be the person whose name
is subscribed to the foregoing Instrument and acknowledged to me tha he has execute. e same for the
purposes and consideration therein expressed on behalf of said corpor on. p
^^.:.^.::'�: �s:t� !/� GUi)[3SU31,JV Puirflc NOTARY PUBLIC STATE OF TEXAS
Stain oi'fexas
° rFors'v My Cornrn. Expires 09-23-2010 i
• (Print Name)
My Commission Expires:
CAA: AMOCO VERDE, LLCWORTH FOREST SUBDIVISIONMECLARATIO[a OF COVENANTS, CONDITIONS, AND RESTRICTIONS Page 14 of 15
Lienholder'e Consent
BRAZOS VALLEY BANK, N.A., being a lienholder on the Development that Is affected by the foregoing
Declaration of Covenants, Conditions and Restrictions for North Forest Subdivision, Joins In the
execution hereof for the purpose of consenting to the covenants, conditions and restrictions therein contained.
EXECUTED this / day of , 41d/ ,, 2010.
By: — -1
Y : „_
Marne brcgi �» ,). ,e< . ec 44.
Title A- 40. .11 0 0...*.4- 4 lc
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
This Declaration of Covenants, Conditions and Restrictions for North Forest Subdivision acknowledged
before me on this the / day of J1-p2! L.- , 2010, by _ –Ao ve.. l?, HALe i , the
�t OtDat
e of Brazos Valley Bank, N.A., a Texas state savings bank, on behalf of said bank.
O RY PUBLIC STATE OF TEXAS r g PA ELA SAW= Notary Public Stato of Texaa (Print Name) Pity. Commission Expires al AUGUST 26, 2012 My Commission Expires:
•
cAmmuco vERDE, !imoxTH FOREST SUBDMS1ONDECLARATION OF COVENANTS, COWDlTIONs, AND ILESTRICTIONS Page 15 of' 16
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