Covenants, Conditions and Restrictions

ARTICLE VI

EASEMENTS

Section 6.1 Utility Easements.

A. Declarant hereby grants a perpetual, irrevocable and non-exclusive easement for utilities on, over and across the Property, as shown on the Plat for the use and benefit of any public utility or private company operating in the County for the construction, repair, maintenance and operation of a system or systems of electric light and power, telephone lines, television cable lines, security, gas, water, sanitary sewers, storm sewers, satellite, broadband, cellular or other wireless communication designed to provide or deliver communication of any form, video or telephone communications, computer access, internet or e-mail access, security monitoring or other services to any Owner and any other utility or service which Declarant may find necessary or proper for supplying utility service to the Property.

B. Declarant hereby reserves for itself, prior to the termination of the Declarant Control Period, and grants to the Association, after the termination of the Declarant Control Period, the right to grant such additional easements for purpose of utilities over any portion of the Common Areas as it deems necessary.

C. In addition, Declarant may record an easement agreement or easement relocation agreement in the real property records of the County, specifically locating or relocating any utility easement subsequent to the recordation of this Declaration, and the Owners of each Lot, by acceptance of the deed to a Lot, hereby grant Declarant during the Declarant Control Period and to the Association thereafter, an irrevocable power of attorney, coupled with an interest, with full power and authority to locate or relocate such utility easements.

D. Declarant reserves the right to retain or transfer title to any and all wires, pipes, conduits, lines, cables, transmission towers or other improvements installed on or in the above described utility easements and to enter into franchise or other agreements with private or public providers of telecommunication type packages that are designed to provide utility services to the Property.

E. Neither Declarant nor its agents or employees shall be liable for any damage done to shrubbery, trees, flowers or other property of an Owner situated on the portion of the Lots covered by the above described utility easements.

F. Title to any Lot conveyed by Declarant shall not be held or construed in any event to include title to any water, gas, electricity, telephone, storm sewer or sanitary sewer lines, pipes, conduits, cable television lines or other appurtenance or utilities constructed by Declarant or utility companies upon, along or through any Lot or any part thereof to serve such Lot or any other portion of the Property, and the right (but not the obligation) to construct, maintain, repair, and locate such systems, utilities, appurtenances and facilities is reserved to Declarant.

Section 6.2 Development Easements. Declarant reserves blanket easements and the right to grant such specific easements over all Lots and Common Areas as may be necessary in conjunction with the orderly development of the Project and any and all other properties owned by Declarant (or entities affiliated with Declarant through common control or ownership) that are near or adjacent to the Project (including the planning, construction, marketing, leasing, management and maintenance of Improvements), for access, construction and maintenance of utilities and storm drainage (whether surface or surface). No such easements may be located within the area beneath any improvement already located thereon.

Section 6.3 Common Area Easements. Declarant hereby grants a perpetual, irrevocable, nonexclusive easement on, over and across the Common Areas for the benefit of each Owner and its invitees and guests and the Association for ingress to and egress from its Lot, together with the non-exclusive right to use and enjoy the Common Areas. Declarant further reserves an irrevocable, non-exclusive easement on, over and across the Common Areas for its own benefit and for the benefit of its successors and assigns and employees and agents, for the purpose of construction of Improvements within the Property, including the right of temporary storage of construction materials on said Common Areas.

Section 6.4 Access Easement. Declarant hereby grants a perpetual, irrevocable and nonexclusive easement for access and entry on, over and across each Lot, for the benefit of the Association and its agents, employees and representatives, as may reasonably be necessary for: (i) performing any repairs, restoration and maintenance that the Association is responsible for or entitled to perform pursuant to Article IV and Article VIII of this Declaration; (ii) the making of emergency repairs thereon necessary to prevent damage to the Common Areas or to any other Lot or Residence; (iii) the evacuation of all or any part of the Property in the event of an emergency; and (iv) such other reasonable purposes as are deemed by the Association to be necessary for the performance of the obligations of the Association as described in the Governing Documents.

Section 6.5 [Intentionally Omitted].

Section 6.6 Additional Easements. Declarant shall have the right, in its sole discretion, to reserve, create and grant easements on the Common Areas, in its own name, during such period as it shall hold title to the Common Areas, or in the name of the Association, if such Common Areas have been conveyed to the Association, for its own benefit, the benefit of the Owners and the Association for the use and enjoyment of the Property, or otherwise in connection with Declarant’s development of the Project, without the approval or joinder of any other Person, including the Association, during the Declarant Control Period. After the expiration of the Declarant Control Period, provided Declarant has conveyed the Common Areas to the Association, the Association shall have the power and authority to grant and establish upon, over, under, and across the Common Areas, such further easements as are requisite for the convenient use and enjoyment of the Property.

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ARTICLE VII

CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS

Section 7.1 Residential Use. All of the Lots developed on the Property shall be used for single family residential purposes only. Unless otherwise agreed to in writing by the Architectural Control Committee, no Residence shall be constructed or permitted to remain on any Lot other than (i) one detached single-family residence, which may not exceed two and one-half stories or 35 feet in height, (ii) one guest house with a minimum living area of not less than 800 square feet using substantially similar construction materials (as to quality and appearance) as those used in the main residence, and which may not exceed two and one-half stories or 35 feet in height, and (iii) a private garage as provided below. All Residences shall be constructed to minimum Federal Housing Authority and Veterans Administration standards, unless otherwise approved in writing by the Architectural Control Committee.

Section 7.2 Restrictions on Resubdivision. None of the Lots may be subdivided into smaller Lots.

Section 7.3 Driveways. All driveways shall be surfaced with asphalt or similar substance that is approved by the Committee.

Section 7.4 Uses Specifically Prohibited.

A. No temporary dwelling, shop, trailer or mobile home of any kind or any Improvement of a temporary character (except children’s playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, which may be placed on a Lot only in places which are not visible from any street on which the Lot fronts) shall be permitted on any Lot except that the builder or contractor of a Residence may have temporary improvements (such as a sales office and/or construction trailer) on a Lot during construction of the Residence upon such Lot. No building material of any kind or character shall be placed or stored upon a Lot until the Owner thereof is ready to commence construction of Improvements thereon.

B. No boat, marine craft, hovercraft, aircraft, recreational vehicle, pick-up camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked for storage in the driveway or front yard of any Residence or parked on any street in the Project, nor shall any such vehicle or equipment be parked for storage in the side or rear yard of any Residence unless completely concealed from public view. No such vehicle or equipment shall be used as a residence or office temporarily or permanently. This restriction shall not apply to any vehicle, machinery or equipment necessary for the construction, maintenance or repair of a Residence in the immediate vicinity within the Project. The Association shall have complete discretion in determining whether or not any apparatus listed in this section is “completely concealed'.”

C. Trucks with tonnage in excess of one ton and any vehicle with painted advertisements shall not be permitted to park overnight on the Project except those used by a builder during the construction of Improvements on the Project.

D. No vehicle of any size which transports inflammatory or explosive cargo or hazardous material may be kept on the Project at any time.

E. No vehicles or similar equipment shall be parked or stored in an area visible from any street except passenger automobiles, passenger vans, motorcycles, pick-up trucks and pickup trucks with attached bed campers that are in operating condition and have current license plates and inspection stickers and are in daily use as motor vehicles on the streets and highways of the State of Texas. No inoperative cars or vehicles of any type or nature may be kept or situated on the Project.

F. No structure of a temporary character, such as a trailer, basement, tent, shack, barn or other out-building shall be used on the Project at any time as a dwelling house; provided, however, that any builder may maintain and occupy model houses, sales offices and construction trailers during any period of construction on the Property.

G. No animals, livestock or poultry of any kind shall be raised, bred or kept on the Property except that dogs, cats or other household pets may be kept for the purpose of providing companionship for a private family. Animals are not to be raised, bred or kept for commercial purposes or for food. It is the purpose and intent of these provisions to restrict the use of the Property so that no person shall quarter on the premises cows, horses, bees, hogs, sheep, goats, guinea fowls, ducks, chickens, turkeys, skunks, reptiles or any other animals that may interfere with the quietude, health or safety of the residents who live on the Property. No more than four pets will be permitted on each Lot. Pets must be restrained or confined in the back of each Lot inside a fenced area or within a Residence. It is an Owner’s responsibility to keep its Lot clean and free of pet debris. All animals must be properly tagged for identification. The Association has the right to declare any animal, including dogs, cats, or other household pets, unsafe after notice and hearing before the Board of Directors. In the event of an “unsafe” finding by the Board, the Owner shall be required to remove the animal and/or pet from the Property.

H. No Lot or other area of the Property shall be used as a dumping ground for rubbish or as a site for the accumulation of unsightly materials of any kind, including broken or rusty equipment, disassembled or inoperative cars or other vehicles and discarded appliances and furniture. Trash, garbage or other waste shall not be kept on the Property except in sanitary containers. All equipment for the storage or other disposal of such material shall be kept in clean and sanitary condition. Materials incident to construction of Improvements may be stored on Lots during construction so long as construction progresses without undue delay.

I. No air-conditioning apparatus shall be installed on the ground in front of a Residence or attached to any front wall or window of a Residence. No evaporative cooler shall be installed on the front window of a Residence.

J. The Association and the Committee shall not prohibit the installation, maintenance or use of antennae used to receive video programming as described in the Over-the-Air Reception Devices Rule adopted by the Federal Communications Commission. An Owner shall be permitted to install or maintain video antennae, including direct-to-home satellite dishes one meter or less in diameter, TV antennae and wireless cable antennae, subject to reasonable safety rules established by the Association from time to time.

K. No Lot or Improvement thereon shall be used for business, professional, commercial or manufacturing purposes of any kind. No activity, whether for profit or not, shall be conducted which is not related to single-family residential purposes. No noxious or offensive activity shall be undertaken on the Property, nor shall anything be done which is or may become an annoyance or nuisance to the Project. Nothing in this subsection shall prohibit an Owner’s use of a Residence for quiet, inoffensive activities such as tutoring or giving art lessons so long as such activities are in compliance with all Legal Requirements and do not materially increase the number of cars parked on the street or interfere with the adjoining Owners’ use and enjoyment of their Residence and Lots.

L. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations 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 and a line connecting them at a point ten feet from the intersection of 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 to any Lot within 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 remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of those sight lines.

N. Except for children’s playhouses, dog houses and gazebos, no building previously constructed elsewhere shall be moved onto any Lot, it being the intention and purpose of this provision that only new construction be placed and erected thereon.

O. Within easements on each Lot, no structures, planting or materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow within drainage channels, which may obstruct or retard the flow of water through drainage channels or which may interfere with the maintenance and repair of any screening walls.

P. The general grading, slope and drainage plan of a Lot may not be altered without the prior approval of the appropriate Governmental Authorities.

Q. No sign of any kind shall be displayed to public view on any Lot without prior approval of the Association or Declarant. Declarant and its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the above and, in so doing, shall not be subject to any liability for trespass or any other liability in connection with such removal.

R. The drying of clothes in full public view is prohibited. The Owners and occupants of any Lots at the intersections of streets or adjacent to parks, playgrounds or other facilities where the rear yard is visible to full public view shall construct a drying yard or other suitable enclosure to screen from public view the equipment which is incident to normal Residences, such as clothes drying equipment, yard equipment and storage piles.

S. Except (i) within fireplaces in the main Residence, (ii) within a masonry fire pit, and (iii) for outdoor cooking, no burning of anything shall be permitted anywhere on the Property.

T. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any portion of a Lot or the Common Areas, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any Lot or within the Common Areas. No derrick or other structure designated for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot or within the Common Areas.

U. No camping shall be permitted anywhere on the Property.

V. However, nothing in this Section 7.4 or elsewhere in this Declaration shall prohibit an Owner from:

(i) implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves or brush or leaving grass clippings uncollected on grass or from installing rain barrels, a rain harvesting system or an irrigation systems as described in Section 202.007(a) of the Texas Property Code, provided, however, that the Association may make any rules and restrictions governing such activities as provided in Section 202.007(d) of the Texas Property Code;

(ii) installing a solar energy device as described in Section 202.010(a) of the Texas Property Code, provided, however, that the Association may prohibit and regulate solar energy devices as provided in Sections 202.010(d)-(e) of the Texas Property Code;

(iii) displaying any flag described in Section 202.012(a) of the Texas Property Code, provided, however, that the Association may enforce any requirements, regulations or prohibitions as provided in Section 202.012(b) of the Texas Property Code; and

(iv) displaying or affixing on the entry to his residence one or more of the religious items as described in Section 202.018(a) of the Texas Property Code, provided, however, that the Association may exercise its enforcement powers as provided in Sections 202.018(b)-(d) of the Texas Property Code.

Section 7.5 Minimum Floor Area. The total air-conditioned living area in the main structure of the Residence, as measured to the outside of exterior walls but exclusive of open porches, garages, breezeways, servant quarters, patios and detached accessory buildings or guest house, shall be not less than:

(i) 1,800 square feet for waterfront Lots and 1,400 square feet for all other Lots or

(ii) the minimum habitable floor area as specified by any applicable Governmental Authority, whichever is greater.

Section 7.6 Building Materials. Exterior wall coverings shall be stone, stone veneer, masonry siding, cedar as approved by the Committee. Subject to Section 202.011 of the Texas Property Code, roofing shall be of a substance that is acceptable to the County and the Committee and shall have a minimum six (6) foot to twelve (12) foot roof pitch, except where the County’s sight/distance setback requirements prohibit this minimum.

Section 7.7 Front Yard Requirements. The minimum depth of the front yard shall be twenty (20) feet, unless otherwise approved in writing by the Committee.

Section 7.8 Side Yard Requirements. For all Lots, there shall be a side yard on each side of the Residence of not less than ten (10) feet.

Section 7.9 Waiver of Front Setback Requirements. With the written approval of the Committee, any Residence may be located further back from the front property line of a Lot than provided above, where, in the opinion of the Committee, the proposed location of the Residence will add to the appearance and value of the Lot and will not substantially detract from the appearance of the adjoining Lots.

Section 7.10 Fences and Walls. Any fence or wall must be constructed of masonry, brick, wood or other material that is approved by the Committee. No fence or wall shall be permitted to extend nearer to any street than the front of any Residence. However, all side yard fencing on corner Lots shall run parallel to the curb and may be placed up to the side building line as shown on the Plat and shall not extend beyond a point of six feet behind the front of the Residence on that side. Declarant may construct certain fences and masonry screening walls. The respective portions of those fences and masonry screening walls shall become the property of the Owner of the Lot on which the same are erected and shall be maintained and repaired by each such Owner. Each Owner shall maintain and repair any retaining walls that are built on its Lot. No portion of any fence shall exceed six feet in height. Any fence or portion thereof that faces a street shall be so constructed so that all structural members and posts will be on the side of the fence away from the street so that they are not visible from any right-of-way.

Section 7.11 Mailboxes. Mailboxes shall be standardized and shall be constructed of a material and design approved by the Committee (unless gangboxes are required by the U.S. Postal Service).

Section 7.12 Landscaping. Two parkway trees with a minimum two inch caliper shall be required for each Residence, to be installed prior to occupancy.

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ARTICLE VIII

ARCHITECTURAL CONTROL

Section 8.1 Appointment. Declarant shall designate and appoint a Committee which shall be composed of three individuals, each generally familiar with the residential and community development design matters and knowledgeable about Declarant’s concern for a high level of taste and design standards in the Project. The Committee shall use its best efforts to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Project consistent with this Declaration.

Section 8.2 Successors. During the Declarant Control Period, Declarant shall have the right to appoint and remove all members of the Committee. In the event of the death, resignation or removal by Declarant of any member of the Committee, the remaining members shall appoint a successor member. If the remaining members cannot decide upon such successor member within two weeks, Declarant shall have full authority to designate and appoint a successor. No member of the Committee shall be entitled to compensation for services performed pursuant to this Declaration.

Section 8.3 Authority. No landscaping shall be undertaken and no building, fence, wall or other structure, including signs, or any other improvement whatsoever, shall be commenced, erected, placed, maintained or altered on any Lot, nor shall any exterior painting of, exterior addition to, or alteration of, such items be made until all plans and specifications and a plot plan have been submitted to and approved in writing by a majority of the members of the Committee as to all of the following (collectively, the “Design Guidelines”):

A. Quality of workmanship and materials, adequacy of site dimensions, adequacy of structural design and proper facing of main elevation with respect to nearby streets;

B. Conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping in relation to the various parts of the proposed improvements and in relation to improvements on other Lots in the Project; and

C. The other standards set forth within this Declaration (and any amendments hereto) or matters in which the Committee has been vested with the authority to render a final interpretation and decision. The Committee shall further submit a written copy of such Design Guidelines to each Owner.

The Committee is authorized and empowered to consider and review any and all aspects of construction and landscaping which may, in the reasonable opinion of the Committee, adversely affect the living enjoyment of one or more Owners or the general value of Lots in the Project. In considering the harmony of external design between existing structures and the proposed building being erected, placed or altered, the Committee shall consider only the general appearance of the proposed building as that can be determined from front, rear and side elevations on the plans that are submitted to the Committee.

Section 8.4 Procedure for Approval. Final plans and specifications shall be submitted in duplicate by certified mail or by actual delivery to the Committee at the address of Declarant that is shown in Section 11.8 of this Declaration. The plans and specifications shall show the nature, kind, shape, height, materials and location of all landscaping and improvements. The documents shall specify any requested variance from the setback lines and any other requirement set forth in this Declaration or other Governing Documents. The Committee is authorized to request the submission of samples of proposed construction materials. At such time as the plans and specifications meet the approval of the Committee, one complete set of plans and specifications will be retained by the Committee and the other complete set of plans shall be marked “Approved,” signed by a majority of the Committee and returned to the Owner or his designated representative. If disapproved by the Committee, one set of such plans shall be returned marked “Disapproved” and shall be accompanied by a reasonable written statement that sets forth the reasons for disapproval, which statement shall be signed by a majority of the Committee. Any modification of the approved set of plans and specifications must again be submitted to the Committee for its approval. The Committee’s approval or disapproval, as required herein, shall be in writing. In no event shall the Committee give verbal approval of any plans, and likewise, an Owner shall not rely upon any such verbal approval or statement. If the Committee fails to approve or disapprove such plans and specifications within 30 days after the date of submission, such plans and specifications shall be deemed approved. In case of a Dispute about whether the Committee responded within such time period, the person submitting the plans shall have the burden of establishing that the Committee received the plans. The Committee’s receipt of the plans may be established by a signed certified mail receipt or a signed delivery receipt. Once plans are approved, the Owner shall be required to place a sign containing a color rendition of the proposed residence on the Lot at all time prior to construction. Such sign must be constructed of wood framing as directed by the Committee.

Section 8.5 Standards. Subject to Chapter 202 of the Texas Property Code, the Committee shall have sole discretion with respect to taste, design standards and other Design Guidelines that are specified herein. One objective of the Committee is to prevent unusual, radical, curious, odd, bizarre, peculiar or irregular structures from being built on the Property. The Committee shall also have the authority, subject to Section 202.011 of the Texas Property Code, to prohibit the use of light-weight composition roof material, to require that the colors of roofing materials be earth tones and generally to require that any plans meet the standards of the existing Improvements on neighboring Lots on the Property. The Committee may from time to time adopt such procedural and substantive rules, to the extent not in conflict with the Governing Documents, as it may deem necessary or proper for the performance of its duties, including any additional Design Guidelines and publish and promulgate bulletins regarding such additional Design Guidelines, which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of this Declaration.

Section 8.6 Waiver; Variances. Circumstances may warrant waiver or variance of the Design Guidelines. To obtain a waiver or variance, an Owner must make written application to the Committee and the Committee will consider such request and respond to the Owner within 30 days. If the application is approved, the waiver or variance must be in writing, and may be conditioned or otherwise limited. If the Committee fails to approve or disapprove of an Owner’s written application for a waiver within 30 days after the date of submission, such waiver shall be deemed approved.

Section 8.7 Termination. The Committee shall terminate on the date on which all the members of the Committee file a document declaring the termination of the Committee.

Section 8.8 Failure to Comply with Design Guidelines. If an Owner (a) makes any changes to its Lot and the Improvements thereon in a manner unsatisfactory to the Committee or (b) fails to maintain its Lot and Improvements situated thereon in accordance with the Design Standards, then the Association, through the Board of Directors or the Architectural Control Committee, shall have the right, through its agents and employees, to (a) enter onto the Lot and repair, maintain or restore the Lot or the exterior of the Residence and any other Improvements thereon to conform with the Design Guidelines, (b) resolve such issues as provided in Article IX or (c) upon compliance with the notice and hearing provisions, to the extent applicable, of the Owners Protection Act, seek enforcement of Owner’s obligations under the Declaration in a court of competent jurisdiction located in Kaufman County, Texas. The cost of such exterior maintenance and the costs and attorneys’ fees incurred by the Association in the enforcement of the rights under these provisions shall, to the extent permitted by the Owners Protection Act, be added to and become a part of the Assessments to which the Lot is subject.

Section 8.9 Liability of Committee. THE OWNER, MAKING OR CAUSING TO BE MADE SUCH ADDITIONS, ALTERATIONS OR IMPROVEMENTS, AGREES, AND SHALL BE DEEMED TO HAVE AGREED, FOR SUCH OWNER, TO HOLD THE COMMITTEE, THE ASSOCIATION, DECLARANT AND ALL OTHER OWNERS HARMLESS FROM AND TO INDEMNIFY THEM FOR ANY LIABILITY OR DAMAGE TO THE PROPERTY RESULTING FROM SUCH ADDITIONS, ALTERATIONS OR IMPROVEMENTS. ANY OTHER OWNER SUBMITTING PLANS HEREUNDER, BY DISSEMINATION OF THE SAME, AND ANY OWNER, BY ACQUIRING TITLE TO THE SAME, AGREES NOT TO SEEK DAMAGES FROM THE COMMITTEE, ARISING OUT OF THE COMMITTEE’S REVIEW OF ANY PLANS HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMMITTEE SHALL NOT BE RESPONSIBLE FOR REVIEWING, NOR SHALL ITS REVIEW OF ANY PLANS BE DEEMED APPROVAL OF, ANY PLANS FROM THE STANDPOINT OF THE STRUCTURAL SAFETY, SOUNDNESS, WORKMANSHIP, MATERIALS, USEFULNESS, CONFORMITY WITH BUILDING OR OTHER CODES OR INDUSTRY STANDARDS OR COMPLIANCE WITH THE GOVERNING DOCUMENTS AND ALL LEGAL REQUIREMENTS. FURTHER, EACH OWNER AGREES TO INDEMNIFY AND HOLD THE COMMITTEE AND ITS RESPECTIVE OFFICERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, DAMAGES, EXPENSES OR LIABILITIES WHATSOEVER, ARISING AS A RESULT OF THE REVIEW OF ANY PLANS HEREUNDER.

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ARTICLE IX

MATTERS FOR MEDIATION AND ARBITRATION

Section 9.1 Mediation. All Disputes except those relating to equitable remedies, which shall not be resolved within 15 days after same have arisen (unless such greater time is provided elsewhere in the Governing Documents) shall be submitted for, or determined by, non-binding mediation, to the extent permitted by the Owners Protection Act. Mediation of any Dispute shall be initiated by any Owner making a written demand therefor to the other Owner, Owners or Committee involved in such Dispute and the Association. With respect to such mediation, the parties shall, within ten days after delivery of such written notice to the Association, appoint a mediator who is: (i) a reputable Person actively engaged in the commercial real estate industry for a continuous period of not less than ten years, and (ii) is in no way affiliated, or otherwise has had material business dealings, with any Owner or any Member of the Committee or Association. If the parties are unable to agree upon a mediator, a mediator having the qualifications set forth above shall be appointed by the then presiding judge of the United States District Court of the Dallas Division of the North District of Texas, or such other service as may be recommended by the Dallas Bar Association. Such mediation shall occur within 30 days after the mediator has been appointed and shall occur at a mutually acceptable location in Dallas, Texas. To the extent permitted by the Owners Protection Act, the costs of such mediation services shall be shared equally (but each party shall bear the cost of their own travel and attorney’s fees).

Section 9.2 Final Offer Arbitration. If the parties are unable to resolve any Dispute at mediation, no later than 30 calendar days after the parties have reached an impasse at mediation, the parties shall submit their Dispute to binding arbitration, unless otherwise agreed by the parties. The parties agree to select a single arbitrator from a list taken from the American Arbitration Association of commercial arbitrators, and if they cannot agree on an arbitrator, each party shall select a Person and those two so selected shall then select the single arbitrator who shall thereafter serve as arbitrator. The issues in dispute shall be submitted as “baseball” or final-offer arbitration, whereby each party shall submit what it deems to be its most reasonable position to the arbitrator and the arbitrator shall select one of those two positions. The arbitrator shall have no discretion to select or award a position other than to select one of those submitted by the parties. To the extent rules governing arbitration are deemed necessary by the arbitrator (or by agreement of the parties), the current Rules for Commercial Mediation and Arbitration promulgated by the American Arbitration Association shall apply. Any award that is rendered by the arbitrator shall be accomplished no later than ten days from the initiation of the arbitration procedure. The parties may resort to any court of competent jurisdiction for enforcement of, or any other action relating to, the arbitrator’s award.

Section 9.3 Exclusive Remedy. With respect to any Dispute subject to arbitration under this Article IX, it is agreed that the arbitration provisions of Article IX of the Declaration shall be the sole remedy of the Owners and/or Committee involved in such Dispute under this Declaration, except as otherwise provided in the Owners Protection Act. Notwithstanding any other provisions of this Declaration, the foregoing agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. The foregoing agreement to arbitrate shall not constitute any agreement or consent to arbitration of any dispute, claim, controversy or matter that does not constitute a “Dispute” as such term is defined in this Declaration or not described in Article IX of this Declaration or with any Person not named or described in this Declaration, provided that any arbitration proceeding initiated under the terms of this Section may, at the request of any party, be joined or consolidated with other arbitration proceedings involving additional parties if the Dispute and the subject of such other proceedings arise out of common or interrelated factual occurrences. Any award of the arbitrator shall be final and binding upon the Owners involved in the Dispute and such Owners’ mortgagee and nonappealable judgment thereon may be entered by any court having jurisdiction. The party or parties whose position is not selected or awarded shall be responsible for all attorneys’ fees, costs and expenses (incurred in connection with the mediation and arbitration of a Dispute under Article IX of this Declaration) of the party whose position is selected or awarded for the arbitration of the Dispute under Article IX of this Declaration to the extent permitted under the Owners Protection Act.

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ARTICLE X

DECLARANT RIGHTS

Section 10.1 Reserved Rights. Declarant reserves the right, for itself, its agents, and its designees, including any home builders designated by Declarant in writing (and only to the extent of such designation by Declarant), to place and maintain on the Property model homes, sales offices, advertising signs and banners and lighting in connection therewith and other promotional facilities at such locations and in such forms as shall be determined by Declarant. The location and appearance of any such items placed upon the Property by a designee of Declarant (including any home builders), shall be subject to the approval of Declarant in its sole discretion. There is also reserved unto Declarant, its agents and prospective purchasers, the right of ingress, egress and transient parking in and through the Property for such sales purposes. Declarant also reserves the right to maintain on the Property without charge (a) a general construction office for Declarant’s contractors and (b) appropriate parking facilities for the employees of Declarant’s agents and contractors. Declarant’s aforesaid reserved rights shall exist at any time Declarant is engaged in the development, construction, sale or leasing of Lots or Residences on any portion of the Property, on any land adjacent to the Property, or on any residential development project at least a portion of which is within a one-half mile radius of the Property, and no charge shall be made with respect thereto. Notwithstanding any provision herein to the contrary, the rights and easements created under this Declaration are subject to the right of Declarant to execute all documents and do all other acts and things affecting the Property, which in Declarant’s opinion, are required to implement any right of Declarant set forth in this Declaration (including the making of any dedications or conveyances to public use) provided any such document or act is not inconsistent with the then existing property rights of any Owner.

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ARTICLE XI

GENERAL PROVISIONS

Section 11.1 Rights of Note Holders. Any Mortgagee will, upon request, be entitled to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual financial statement of the Association within 90 days following the end of its fiscal year; (c) receive written notice of all meetings of the Association and the right to designate a representative to attend any such meetings; (d) receive written notice of any condemnation or casualty loss that affects either a material portion of the Property or the Lot securing its mortgage; (e) receive written notice of any delinquency in the payment of Assessments or charges owed by the Owner of any Lot on which such Mortgagee holds mortgage; (f) receive written notice of a lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; and (g) receive written notice of any proposed action that requires the consent of a specified percentage of Mortgagees.

Section 11.2 Resale Certificates. Subject to Sections 11.2.A – D below, not later than the tenth (10th) business day after the date a written request for Association information is received from an Owner or the Owner’s agent, a purchaser of a Lot or Lots in the Property or the purchaser’s agent, or a title insurance company or its agent acting on behalf of the Owner or purchaser, and the evidence of the requestor’s authority to order a resale certificate is received and verified, the Association shall deliver to the Owner or the Owner’s agent, the purchaser or the purchaser’s agent, or the title insurance company or its agent a current copy of this Declaration, the Bylaws, and any other documents containing any restrictions of the Association, along with a resale certificate prepared not earlier than the sixtieth (60th) day before the date of delivery that complies with Texas Property Code section 207.003(b).

A. For a request from a purchaser of a Lot or Lots in the Property or the purchaser’s agent, the Association may require the purchaser or purchaser’s agent to provide to the Association, before the Association begins the process of preparing or delivers the items listed in this Section 11.2, reasonable evidence that the purchaser has a contractual or other right to acquire a Lot or Lots in the Property.

B. The Association may charge a reasonable fee to assemble, copy, and deliver the information required by this Section 11.2. The Association may require payment before beginning the process of providing a resale certificate but may not process a payment until the resale certificate is available for delivery. The Association may not charge a fee if the resale certificate is not provided in the time prescribed by this Section 11.2.

C. The Association shall deliver the information required by this Section 11.2 to the person specified in the written request. A written request that does not specify the name and location to which the information is to be sent is not effective. The Association may deliver the information required by mail, hand delivery, or alternative delivery means specified in the written request.

D. Neither the Association its managing agent is required to inspect a Lot before issuing a resale certificate.

Section 11.3 Updates to Resale Certificates. Subject to Sections 11.3.A – D below, not later than the seventh (7th) business day after the date a written request for an update of a resale certificate is received from an Owner, Owner’s agent, or title insurance company, the Association shall deliver to the Owner, Owner’s agent, or title insurance company or its agent an updated resale certificate that complies with Texas Property Code section 207.003(f).

A. Requests for an updated resale certificate must be made within one hundred eighty (180) days of the date the original resale certificate was issued. The updated request may be made only by the party who requested the original resale certificate.

B. The Association may charge a reasonable fee to prepare and deliver an update of a resale certificate.

C. The Association shall deliver the update to the resale certificate required by this Section 11.3 to the person specified in the written request. A written request that does not specify the name and location to which the update to the resale certificate is to be sent is not effective. The Association may deliver the update to the resale certificate by mail, hand delivery, or alternative delivery means specified in the written request.

D. Neither the Association nor its managing agent is required to inspect a Lot before issuing an update to the resale certificate.

Section 11.4 Term. The foregoing covenants, conditions, restrictions and agreements shall run with and bind the land and shall remain in full force and effect for a term of 25 years after this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten years unless amended as provided herein. Unless otherwise provided in the Owners Protection Act, Declarant shall have the exclusive authority to amend the terms of this Declaration during the Declarant Control Period. Upon the expiration of the Declarant Control Period, this Declaration may be amended or terminated by an instrument signed by the Owners of not less than 67% of the total votes allocated to Owners.

Section 11.5 Severability. If any covenant, condition, restriction or agreement herein contained shall be invalid, which invalidity shall not be presumed until the same is determined by the judgment or order of a court of competent jurisdiction, such invalidity shall in no way affect any other covenant, condition, restriction or agreement, each of which shall remain in full force and effect.

Section 11.6 Binding Effect. Each of the covenants, conditions, 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 covenants, conditions, restrictions and agreements are not for the benefit of the Owner of any Lot except Lots in the Project.

Section 11.7 Enforcement. Subject to applicable law and the provisions of Article IX of this Declaration, the Association, the Committee or any Owner, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by any Owner, including Declarant, to enforce any covenant, condition, restriction or agreement herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 11.8 Addresses. Unless otherwise stated in this Declaration, all notices or other communications required or permitted to be given pursuant to this Declaration shall be in writing and shall be considered as properly given if (i) mailed by first class United States mail, postage prepaid, registered or certified with return receipt requested, (ii) by delivering same in person to the intended addressee, (iii) by delivery to an independent third party commercial delivery service for same day or next day delivery and providing for evidence of receipt at the office of the intended addressee or (iv) by prepaid telegram, telex, or telefacsimile to the addressee. Notice so mailed shall be effective upon its deposit with the United States Postal Service or any successor thereto; notice sent by such a commercial delivery service shall be effective upon delivery to such commercial delivery service; notice given by personal delivery shall be effective only if and when received by the addressee; and notice given by other means shall be effective only if and when received at the office or designated place or machine of the intended addressee. For purposes of notice, the addresses of Declarant and the Association shall be as set forth below, the address of each Owner shall be the address of the Lot; provided, however, that any party shall have the right to change its address for notice hereunder to any other location within the continental United States by the giving of 30 days’ notice to the Association in the manner set forth herein:

Declarant: Cedar Creek Preservation, LLC
10670 North Central Expressway, Suite 470
Dallas, TX 75231

Notwithstanding the foregoing, any notice required to be given under the Owners Protection Act shall be governed by the notice provisions contained therein.

Section 11.9 Exculpation. It is expressly understood and agreed that nothing contained in this Declaration shall be interpreted or construed as creating any liability whatsoever, directly or indirectly, against Declarant or any of its officers, members, managers, employees, agents or attorneys, or any of its or their heirs, executors, legal representatives, successors or assigns (collectively the “Declarant Related Parties”), for monetary relief or damages. In particular, and without limiting the generality of the foregoing, if any proceeding shall be brought to enforce the provisions of this Declaration, the party instituting such proceeding shall not be entitled to take any action to procure any money judgment again any of the Declarant Related Parties.

Section 11.10 Governing Law. THIS DECLARATION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. VENUE FOR ANY ACTION BROUGHT IN CONNECTION WITH THIS DECLARATION SHALL BE IN KAUFMAN COUNTY, TEXAS.

Section 11.11 Headings. The headings herein are for reference purposes only and shall not affect the meaning or interpretation of this Declaration.

Section 11.12 Gender; Plurals. Words of any gender used in this Declaration shall be held and construed to include any other gender; words used in this Declaration in the singular shall be held and construed to include the plural, and vice versa, as the context may require.

Section 11.13 Conflicts. If any of the provisions of the Governing Documents shall be in conflict with the provisions of the TNCL or the Owners Protection Act, the provisions of such statutes shall control. If a conflict exists between the provisions of the Governing Documents, the Governing Documents shall control in the following order:

a. This Declaration;

b. The Certificate of Formation;

c. The Bylaws; and

d. The Regulations.

The provisions of the Governing Documents embody the entire final documentation to which the Property and any Owners will be subject in relation to the Project and supersede any and all agreements, representations, and understandings, whether written or oral, between Declarant and the Owners.

JOINDER AND CONSENT OF MORTGAGEE

The undersigned holder of that certain Deed of Trust, Assignment of Leases and Rents and Security Agreement (the “Deed of Trust”) dated August 1, 2016, and recorded as Document No. 2016-0015108 in the Official Public Records of Kaufman County, Texas, executed by Cedar Creek Preservation, LLC, a Texas limited liability company to Scott K. McDonald, Trustee, to secure a promissory note, of even date therewith payable to Liberty Bankers Life Insurance Company (“Beneficiary”), which Deed of Trust encumbers all or a portion of the property described on Exhibit “A” of this Declaration, hereby joins in the execution of this Declaration of Covenants, Conditions and Restrictions for Edgewater at Cedar Creek Lake (the “Declaration”) to evidence its consent to such instrument and to subordinate its interest under the Deed of Trust to such instrument.

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EXHIBIT A

Property Description

TRACT 1:

All that certain 129.95 acre tract of land as situated in the State of Texas, county of Kaufman and located in the John Baker Survey, Abstract No. 17 and being a part of the called 215.44 acre tract as described in the deed from Genecov Investments, LTD to 294 Limited Partnership and recorded in Volume 2423, page 261, official Public Records of Kaufman County, Texas, the tract herein being more particularly described as follows:

BEGINNING at a 1/2 inch iron rod with a yellow top set in the fence corner at the occupied Southwest corner of the Baker and Gossett Cemetery in Volume 539, Page 622, Deed Records of said county and being in the north line of Valentine Road (a county road) and in a West line of said 251.44 acre tract for a Southeast corner of this tract;

THENCE South 89 degrees 38 minutes 23 seconds West (reference bearing) along the fence and North line of said Valentine Road a distance of 914.66 feet to a point at the Southeast corner of a 120.13 acre tract surveyed this dated for a Southwest corner of this tract;

THENCE North 0 degrees 38 minutes 22 seconds West a distance of 123.3 feet to a point;

THENCE North 6 degrees 15 minutes 46 seconds East a distance of 197.39 feet to a point;

THENCE North 15 degrees 57 minutes 04 seconds West a distance of 487.24 feet to a point;

THENCE North 0 degrees 37 minutes 50 seconds East a distance of 255.21 feet to a point;

THENCE North 21 degrees 08 minutes 28 seconds East a distance of 548.85 feet to a point;

THENCE North 3 degrees 54 minutes 46 seconds East a distance of 222.13 feet to a point;

THENCE North 28 degrees 23 minutes 36 seconds West a distance of 195.10 feet to a point;

THENCE North 55 degrees 47 minutes 41 seconds West a distance of 160.08 feet to a point;

THENCE North 68 degrees 07 minutes 06 seconds West a distance of 1,170.2 feet to a point;

THENCE North 74 degrees 13 minutes 39 seconds West a distance of 164.96 feet to a point;

THENCE North 87 degrees 40 minutes 56 seconds West a distance of 198.17 feet to a point;

THENCE South 78 degrees 33 minutes 06 seconds West a distance of 326.68 feet to point;

THENCE North 89 degrees 14 minutes 18 seconds West a distance of 202.06 feet to a point in the fence and West line of said 251.44 acre tract and the East line of a 45.813 acre tract to A. J. Haffey, et ux in Volume 584, Page 808, Deed Records of said county for a Southwest corner of this tract;

THENCE North 0 degrees 45 minutes 42 seconds East along a fence along the West line of said 251.44 acre tract and the East line of said 45.813 acre tract a distance of 80.02 feet to a 1/2 inch iron rod with a yellow top set in a fence corner;

THENCE North 85 degrees 28 minutes 26 seconds East along a fence a distance of 7.0 feet to a 1/2 inch iron rod with a yellow top set in a fence corner;

THENCE North 14 degrees 13 minutes 04 seconds West along an irregular fence a distance of 228.71 feet to a 1/2 inch iron rod with a yellow top set in the 325 foot elevation contour for a Northwest corner of this tract;

THENCE South 15 degrees 08 minutes 28 seconds East along the 325 foot elevation contour a distance of 88.88 feet to a point;

THENCE North 75 degrees 24 minutes 02 seconds East, crossing a drain and continuing in all a distance of 6.01 feet to a point on the 325 foot contour;

THENCE along the meanders of the 325 foot elevation contour along the Northerly line of said 251.44 acre tract and the Southerly line of Tarrant County Water Control and Improvement District No. one (Cedar Creek Lake) the following:

North 2 degrees 48 minutes 23 seconds West - 88.36 feet;

North 59 degrees 57 minutes 47 seconds East - 378.78 feet;

South 83 degrees 27 minutes 06 seconds East - 154.49 feet;

South 15 degrees 00 minutes East - 40.0 feet;

North 20 degrees 18 minutes 08 seconds East - 39.1 feet;

South 89 degrees 39 minutes 12 seconds East - 260.42 feet;

South 83 degrees 31 minutes 02 seconds East - 216.09 feet;

South 70 degrees 07 minutes 40 seconds East- 90.52 feet;

South 68 degrees 07 minutes 06 seconds East- 1,078.19 feet;

South 68 degrees 55 minutes 03 seconds East- 221.84 feet;

North 87 degrees 31 minutes 16 seconds East- 474.69 feet;

South 72 degrees 39 minutes 33 seconds East - 368.82 feet;

South 72 degrees 34 minutes 16 seconds East - 187.70 feet;

South 41 degrees 44 minutes 36 seconds West- 193.24 feet;

South 41 degrees 44 minutes 02 seconds West - 98.64 feet;

South 3 degrees 07 minutes 40 seconds West - 363.19 feet;

South 36 degrees 33 minutes 25 seconds West - 120.49 feet;

North 83 degrees 36 minutes 26 seconds West - 61.37 feet;

South 27 degrees 45 minutes 49 seconds East - 249.23 feet;

South 32 degrees 43 minutes 44 seconds East - 318.55 feet;

South 87 degrees 30 minutes 31 seconds East - 80.21 feet;

South 2 degrees 19 minutes 35 seconds West - 123.77 feet;

North 37 degrees 50 minutes 46 seconds East - 88.3 feet;

North 52 degrees 49 minutes 57 seconds East - 156.1 feet;

North 81 degrees 40 minutes 28 seconds East - 242.74 feet;

South 33 degrees 31 minutes 55 seconds East - 833.76 feet;

South 82 degrees 12 minutes 38 seconds East - 522.17 feet;

North 82 degrees 28 minutes 44 seconds East - 151.55 feet;

North 86 degrees 32 minutes 51 seconds East - 158.97 feet;

South 61 degrees 41 minutes 11 seconds East - 232.88 feet;

South 45 degrees 07 minutes 38 seconds East - 429.1 feet;

South 19 degrees 02 minutes 52 seconds East - 348.96 feet;

South 1 degree 40 minutes 40 seconds East - 196.62 feet;

South 7 degrees 34 minutes 08 seconds East - 991.62 feet to a point in a washed out area at the Southeast corner of said 251.44 acre tract and being 4.38 feet- North 7 degrees 34 minutes 08 seconds West of a 4 inch pipe post in a fence corner, said 1 point also being at the Northeast corner of Lot No. 1 of Block No. 7 of Valentine Shoreline Subdivision in Cabinet 1, Slide 207, Plat Records of Kaufman County, Texas and being the Southeast corner of this tract;

THENCE North 87 degrees 34 minutes 38 seconds West along the North line of said subdivision a distance of 254.57 feet to a 1/2 inch iron rod found at the Northwest corner of said Lot No. 1 and the northeast corner of 50 foot wide Lake Shore Drive;

THENCE North 87 degrees 22 minutes 13 seconds West along the North end of said 50 foot wide road a distance of 53.47 feet to a 1/2 inch iron rod found at the Northwest corner of said road;

THENCE North 87 degrees 35 minutes 25 seconds West along the North line of said subdivision and the South line of said 251.44 acre tract a distance of 487.0 feet to a 1/2 inch iron rod with a yellow top set in a fence corner at the Southeast corner of a tract to Jimmy Valentine in Volume 693, Page 284, Deed Records of said county for a Southwest corner of this tract;

THENCE North 0 degrees 54 minutes 37 seconds East along the old fence along the West line of said 251.44 acre tract and the East line of said Valentine tracts a distance of 876.15 feet to a fence corner post at a fence to the West for an angle;

THENCE North 1 degree 11 minutes 59 seconds East along an old fence along the West line of said 251.44 acre tract and the East line of the Bobby Joe Valentine 13.953 acre tract a distance of 486.24 feet to a 1/2 inch iron rod with a yellow top set in a fence corner at the Northeast corner of said 13.953 acre tract and an old 50 acre tract for an inside corner of this tract;

THENCE South 89 degrees 04 minutes 12 seconds West along the North line of said 13.953 acre tract and a South line of said 251.44 acre tract and an old fence a distance of 1,352.23 feet to a T- Post in the East line of said Baker Cemetery for a corner of this tract;

THENCE North 3 degrees 23 minutes 14 seconds East along a chain link fence along the East line of said Baker Cemetery and the Gossett Cemetery a distance of 589.83 feet to a 1/2 inch iron rod found in concrete in the fence corner at the Northeast corner of said Gossett Cemetery for an inside corner of this tract;

THENCE South 4 degrees 11 minutes 52 seconds West along said chain link fence and West line of said Gossett Cemetery and a East line of said 251.44 tract a distance of 597.03 feet to the place of beginning and containing 129.95 acres of land.

SAVE AND EXCEPT:

All that certain lot, tract or parcel of land situated in Kaufman County, Texas on the John Baker Survey, Abstract No. 17 and being a part of a called 129.95 acre tract conveyed to Cedar Creek Development, Ltd. by 242 Limited Partnership by deed dated May 17, 2005 and recorded in Volume 2644, Page 50 of the Deed Records of Kaufman County, Texas. Said lot, tract or parcel of land being more particularly described by metes and bounds as follows:

BEGINNING at a 1/2 inch iron rod set in the East line of the Jimmy Mack Valentine tract recorded in Volume 693, Page 284 and the most Southerly West line of the called 129.95 acre tract and being North 0 degrees 57 minutes West 60.00 feet from a 1/2 iron rod found at the most Southerly Southwest corner of the called 192.95 acre tract and also being the Northeast corner of a 60’ wide strip surveyed this date;

THENCE North 0 degrees 57 minutes 08 seconds East 334.15 feet to a wooden fence post in concrete at the Northeast corner of the Jimmy Valentine 0.829 acre tract recorded in Volume 603, Page 776 and in the Southerly Southwest line of the called 129.95 acre tract;

THENCE North 88 degrees 41 minutes 36 seconds East, 50 feet to a 1/2 inch iron rod set for corner;

THENCE South 0 degrees 56 minutes 43 seconds West, 336.12 feet to a 1/2 inch iron rod set for corner;

THENCE North 89 degrees 02 minutes 43 seconds West 50 feet to the PLACE OF BEGINNING and CONTAINING 0.385 acres of land, more or less.

TRACT 2:

All that certain lot, tract or parcel of land situated in Kaufman County, Texas on the John Baker survey, A-17 and being a part of a tract conveyed to Jimmy Mack Valentine by Joseph C. Cutrie and wife, Frances E. Cutrie by deed dated February 24, 1981 and recorded in Volume 693, Page 284 of the Deed Records of Kaufman County, Texas. Said lot, tract or parcel of land being more particularly described by metes and bounds as follows:

BEGINNING at a 1/2 inch iron rod found at the Southeast corner of the Valentine tract, the most Southerly Southwest corner of the Cedar Creek Lake Development, Ltd. 129.95 acre tract recorded in Volume 2644, Page 50 and the North line of the Valentine Shores, Lot 1, Block 1 as shown by plat recorded in Cabinet 1, Slide 207 of the Kaufman County Plat Records;

THENCE North 88 degrees 43 minutes 41 seconds West 60.50 feet to a chain link fence corner in the East margin of County Road 4042 and the Northwest corner of Lot 1;

THENCE North 23 degrees 43 minutes 58 seconds West 65.66 feet to a 1/2 inch rod set in the Northeast margin of county Road 4042 and the Southwest line of the Valentine tract;

THENCE South 89 degrees 02 minutes 49 seconds East 87.92 feet to a 1/2 inch rod set in the East line of the Valentine tract at the Southwest corner of a 50’ wide strip surveyed this day;

THENCE South 0 degrees 57 minutes West 60.00 feet to the place of beginning and containing 0.102 acres of land, more or less.

TRACT 3:

All that certain 120.13 acre tract of land as situated in the State of Texas, County of Kaufman and located in the John Baker Survey, Abstract No. 17 and being a part of the called 215.44 acre tract as described in the deed from Genecov Investments, LTD to 242 Limited Partnership and recorded in Volume 2423, Page 261, Official Public Records of Kaufman County, Texas and being more particularly described as follows:

BEGINNING at a 1/2-inch iron rod with a yellow top and cap no. 1581 set in the fence corner at the intersection of the North line of Valentine Road and the East line of county road No. 4043 at an off-set in said roads for a corner of this tract;
THENCE North 0 degrees 09 minutes 56 seconds East along said fence along the East line of said county road No. 4043 and the East end of county road no. 4042 a distance of 73 18 feet to a 1/2-inch iron rod with a yellow top and cap no. 1581 set in a fence corner at the Northeast corner of said county road no. 4042 and no. 4043 for a corner of this tract;

THENCE South 89 degrees 54 minutes 54 seconds West along the fence and North line of said county road no. 4042 a distance of 1,802.87 feet to a 1-inch pipe found in the fence corner in the North line of said county road at the occupied Southwest corner of said Genecov Investments, LTD tract and the Southeast corner of the A. J. Haffey, et ux 10.255 acre tract in Volume 584, Page 808, Deed Records of said county for the Southwest corner of this tract;

THENCE North 0 degrees 06 minutes 56 seconds West along the West line of said Genecov Investments, LTD tract and the East line of said 10.255 acre tract a distance of 1,465.89 feet to a 1/2-inch iron rod with a yellow top and cap no. 1581 set for a corner of this tract;

THENCE East along the South line of a called 45.813 acre tract and a North line of said Genecov tract a distance of 128.0 feet to a 1/2-inch iron rod with a yellow top and cap no. 1581 set at the Southeast corner of said 45.813 acre tract and an inside corner of said Genecov tract for an inside corner of this tract;

THENCE North 0 degrees 45 minutes 42 seconds East along an old fence along the East line of Haffey, et ux and the West line of said Genecov tract a distance of 994.54 feet to a point for a Northwest corner of this tract;

THENCE South 89 degrees 14 minutes 18 seconds East a distance of 202.06 feet to a point for a corner of this tract;

THENCE South 87 degrees 05 minutes 33 seconds East a distance of 326.68 feet to a point for a corner of this tract;

THENCE North 78 degrees 33 minutes 06 seconds East a distance of 95.70 feet to a point for a corner of this tract .

THENCE South 87 degrees 40 minutes 56 seconds East a distance of 198.17 feet to a point for a corner of this tract;

THENCE South 74 degrees 13 minutes 39 seconds East a distance of 164.96 feet to a point for a corner of this tract;

THENCE South 68 degrees 07 minutes 06 seconds East a distance of 1,170.20 feet to a point for a corner of this tract;

THENCE South 55 degrees 47 minutes 41 seconds East a distance of 160.08 feet to a point for a corner of this tract;

THENCE South 28 degrees 23 minutes 36 seconds East a distance of 195.1 feet to a point for a corner of this tract;

THENCE South 3 degrees 54 minutes 46 seconds West a distance of 222.13 feet to a point for corner of this tract;

THENCE South 21 degrees 08 minutes 28 seconds West a distance of 548 .85 feet to a point for a corner of this tract;

THENCE South 0 degrees 37 minutes 50 seconds West a distance of 255.21 feet to a point for a corner of this tract;

THENCE South 15 degrees 57 minutes 04 seconds East a distance of 487.24 feet to a point for a corner of this tract;

THENCE South 6 degrees 15 minutes 46 seconds West a distance of 197.39 feet to a point for a corner of this tract;

THENCE South 0 degrees 38 minutes 22 seconds East a distance of 123.3 feet to point in the fence and North line of said Valentine Road for a corner of this tract;

THENCE South 89 degrees 21 minutes 38 seconds West along the fence and North line of said Valentine Road a distance of 523.35 feet to the place of beginning and containing 120.13 acres of land.

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FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR EDGEWATER AT CEDAR CREEK LAKE

This First Amendment to Declaration of Covenants, Conditions and Restrictions for Edgewater at Cedar Creek (this “Amendment”), is made by CEDAR CREEK PRESERVATION, LLC, a Texas limited liability company and its successors and assigns (the “Declarant”), and is as follows:

RECITALS:

A. Declarant previously executed and recorded that certain Declaration of Covenants, Conditions and Restrictions for Edgewater at Cedar Creek Lake, recorded as Document No. 2017-0013241, Official Public Records of Kaufman County, Texas (the “Declaration”).

B. Pursuant to Section 11.4 of the Declaration, during the Declarant Control Period, the Declaration may be unilaterally amended by the Declarant.

C. The Declarant Control Period is the period commencing on the date of the Declaration and continuing until one hundred percent (100%) of all Lots have been sold by Declarant to third party purchasers.  The Declaration was recorded on June 12, 2017 and the Declarant has not sold all of the Lots to third party purchasers; as such, the Declarant Control Period is still in effect.

D. Declarant now desires to amend the Declaration as set forth hereinbelow.

NOW THEREFORE, Declarant hereby amends and modifies the Declaration as follows:

1. Common Areas.  Section 3.5.G of the Declaration is hereby deleted in its entirety and replaced with the following:

“G. To construct new Improvements or additions to the Common Areas; and”

2. Architectural Control over the Joint Use Area.  Owners of Lots adjacent to Cedar Creek Lake may have rights in common with the Tarrant Regional Water District to use certain real property adjacent to the Lots identified as the “Phase II Lake Lease Area” on Exhibit A-1 attached hereto (the “Joint Use Area”). The Tarrant Regional Water District requires a permit for all construction, placement or operation of any structure, improvement or facility of any type, or to excavate or place fill materials in the Joint Use Area, including any additions to or modifications to any existing structure. Declarant hereby amends the Declaration to subject the Joint Use Area to the Architectural Control provisions in Article VII of the Declaration as follows:

a. Exhibit A-1 to this Amendment is hereby attached to and incorporated into the Declaration as Exhibit A-1.

b. Section 8.3 of the Declaration is hereby amended to add the words “or in the Joint Use Area described on Exhibit A-1 attached hereto (the “Joint Use Area”) after the words “on any Lot.”

c. The following two sentences are hereby added at the end of Section 8.3:  In the Joint Use Area, buildings, fences, walls or other structures, that obstruct the view of Owners shall not be permitted.  Use and construction of structures and improvements in the Joint Use Areas are subject to all requirements and regulations of the Tarrant Regional Water District and the Committee review process in this Article VIII is in addition to any other applicable governmental permitting requirements related to structures or improvements in the Joint Use Area in effect from time to time.

3. Miscellaneous.  Any capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Declaration.  Unless expressly amended by this Amendment, all other terms and provisions of the Declaration remain in full force and effect as written, and are hereby ratified and confirmed.

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NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR EDGEWATER AT CEDAR CREEK LAKE
(2021 Legislative Policies)

THIS NOTICE OF FILING OF DEDICATORY INSTRUMENTS FOR EDGEWATER AT CEDAR CREEK LAKE (this "Notice") is made this 17th day of September 2021, by Edgewater at Cedar Creek Lake Homeowner's Association, Inc. (the "Association").

WITNESSETH:

WHEREAS, the Association is the property owners' association created to manage or regulate the planned unit development subject to the Declaration of Covenants, Conditions and Restrictions for Edgewater at Cedar Creek Lake, recorded on or about June 12, 2017 as Document No. 2017-0013241 of the Real Property Records of Kaufinan County, Texas (the"Declaration"); and

WHEREAS, Section 202.006 of the Texas Property Code provides that a property owners' association must file each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county in which the development is located; and

WHEREAS, the Association desires to record the dedicatory instruments attached hereto as Exhibit "A" pursuant to and in accordance with Section 202.006 of the Texas Property Code.

NOW, THEREFORE, the dedicatory instruments attached hereto as Exhibit "A" are a true and correct copies of the originals and are hereby filed of record in the Real Property Records of Kaufinan County, Texas, in accordance with the requirements of Section 202".006 of the Texas Property Code.

IN WITNESS WHEREOF, the Association has caused this Notice to be executed by its duly authorized agent as of the date first above written.

Edgewater at Cedar Creek Lake Homeowner's Association, Inc.,
A Texas non-profit corporation

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AMENDED RELIGIOUS ITEM DISPLAY GUIDELINES

WHEREAS, Section 202.018 of the Texas Property Code precludes associations from adopting or enforcing a provision in a dedicatory instrument which prohibits an owner or resident from displaying or affixing on the owner's or resident's property or dwelling one or more religious items the display of which is motivated by the owner's or resident's sincere religious belief; and

WHEREAS. persuant to Section 202.018(b) of the Texas Property Code, Edgewater at Cedar Creek Lake Homeowner's Association, Inc. (the "Association") is permitted to adopt and enforce certain limitations on the display of religious items; and

WHEREAS, the Association may have previously adopted Religious Item Display Guidelines (the "Original Guidelines"); and

NOW, THEREFORE, IT IS RESOLVED, in order to comply with recent changes to Section 202.018 of the Texas Property Code, the Association desires to replace any Original Guidelines with the following guidelines to govern the display of religious symbols (the"Amended Guidelines").

A. An owner or resident may not display or affix a religious item on the owner or resident's property or dwelling which:

1. threatens the public health or safety;

2. violates a law other than a law prohibiting the display of religious speech;

3. contains language, graphics, or any display that is patently offensive to a passerby for reasons other than its religious content;

4. is installed on property:

(a) owned or maintained by the Association; or

(b) owned in common by members of the Association;

5. violates any applicable building line, right-of-way, setback, or easement; or

6. is attached to a traffic control device, street lamp, fire hydrant, or utility sign, pole, or fixture.

B. The definitions contained in the Association's dedicatory instruments are hereby incorporated herein by reference.

C. In the event of any conflict between Section 202.018 of the Texas Property Code and any restrictions contained in any dedicatory instrument of the Association, Section 202.018(b) and these Amended Guidelines control.

IT IS FURTHER RESOLVED that these Amended Religious Item Display Guidelines are effective upon adoption and recordation hereof, to remain in force and effect until revoked, modified or amended.

This is to certify that the foregoing guideline adopted by the Board of Directors at a meeting of same on 9/14/2021 and have not been modified, rescinded or revoked.

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SECURITY MEASURES GUIDELINES

WHEREAS, Section 202.023 of the Texas Property Code precludes associations from adopting or enforcing a restrictive covenant that prevents an owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence; and

WHEREAS, Section 202.023 of the Texas Property Code further provides that it does not prohibit an association from (1) prohibiting the installation of a security camera by an owner in a place other than the owner's private property; or (2) regulating the type of fencing that an owner may install.

NOW, THEREFORE, IT IS RESOLVED, in order to comply with Section 202.023 of the Texas Property Code, the Board of Directors of Edgewater at Cedar Creek Lake Homeowner's Association, Inc. (the "Association") desires to adopt the following guidelines to govern the building or installing of security measures (the "Guidelines").

1. An owner may not install a security camera in any location other than the owner's own property.

2. Any and all perimeter fencing must comply with all covenants, conditions. restrictions and requirements contained in the Association's dedicatory instruments, including, but not limited to restrictions related to size, height, color, and material.

3. Owners must submit plans to and obtain the prior approval of the Association's architectural review authority where applicable before constructing or installing any perimeter fence.

4. The definitions contained in the Association's dedicatory instruments are hereby incorporated herein by reference.

5. In the event of any conflict between Section 202.023 of the Texas Property Code and any restrictions contained in any dedicatory instrument of the Association, Section 202.023 and these Guidelines control.

IT IS FURTHER RESOLVED that these Security Measures Guidelines are effective upon adoption and recordation hereof, to remain in force and effect until revoked, modified or amended.

This is to certify that the foregoing guideline adopted by the Board of Directors at a meeting of same on 9/14/2021 and have not been modified, rescinded or revoked.

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SWIMMING POOL ENCLOSURE GUIDELINES

WHEREAS, Section 202.022 of the Texas Property Code precludes associations from adopting or enforcing a provision in a dedicatory instrument that prohibits or restricts an owner from installing on the owner's property a swimming pool enclosure, as that term is defmed in the statute, that conforms to applicable state or local safety requirements and that is black in color and consists of transparent mesh set in metal frames; and

WHEREAS, pursuant to Section 202.022(2) of the Texas Property Code, the Edgewater at Cedar Creek Lake Homeowner's Association, Inc. (the "Association") is permitted to adopt certain limitations relating to the appearance of swimming pool enclosures; and

NOW, THEREFORE, IT IS RESOLVED, in order to comply with Section 202.022 of the Texas Property Code, the Association desires to adopt the following guidelines to govern swimming pool enclosures (the "Guidelines").

I. An owner may install a swimming pool enclosure that complies with all state and/or local safety requirements if the swimming pool enclosure is

(i) black in color, and

(ii) consists of transparent mesh set in metal frames.

2. All other proposed swimming pool enclosures must comply with all restrictions, covenants, and requirements contained in the Association's dedicatory instruments including, but not limited to, limitations establishing permissible colors, size, height and material.

3. Owners must submit plans to and obtain the prior approval of the Association's architectural review authority where applicable before constructing or installing any swimming pool enclosure.

4. The definitions contained in the Association's dedicatory instruments are hereby incorporated herein by reference.

5. In the event of any conflict between Section 202.022 of the Texas Property Code and any restrictions contained in any dedicatory instrument of the Association, Section 202.022 and these Guidelines control.

IT IS FURTHER RESOLVED that these Swimming Pool Enclosure Guidelines are effective upon adoption and recordation hereof, to remain in force and effect until revoked, modified or amended.

This is to certify that the foregoing guideline adopted by the Board of Directors at a meeting of same on 9/14/2021 and have not been modified, rescinded or revoked.

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ARCHITECTURAL REVIEW AUTHORITY PROCEDURES

WHEREAS, Section 209.00505 of the Texas Property Code establishes certain requirements for an association's architectural review authority and the procedures used by the architectural review authority; and

WHEREAS, in order to comply with Section 209.00505 of the Texas Property Code, the Edgewater at Cedar Creek Lake Homeowner's Association, Inc. (the "Association") desires to adopt procedures regarding the Association's architectural review authority.

NOW, THEREFORE, IT IS RESOLVED, in order to comply with Section 209.00505 of the Texas Property Code, the Association hereby adopts the following policies and procedures regarding the architectural review authority.

I. "Architectural review authority" means the governing authority for the review (sometimes referred to, among other things, as an architectural review committee or architectural control committee) and approval of improvements within the Association.

2. These Architectural Review Authority Procedures do not apply during a development period or during any period in which the Declarant:

(a) appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or

(b) has the right to veto or modify a decision of the architectural review authority.

3. A person may not be appointed or elected to serve on the Association's architectural review authority if the person is:

(a) a current board member;

(b) a current board member's spouse; or

(c) a person residing in a current board member's household.

4. A decision by the Association's architectural review authority denying an application or request by an owner for the construction of improvements in the Association may be appealed to the Board. A written notice of the denial must be provided to the owner by certified mail, hand delivery, or electronic delivery (the "Denial Notice"). The Denial Notice must:

(1) describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and

(2) inform the owner that the owner may request a hearing under Subsection (e) on or before the 30th day after the date he Denial Notice was mailed to the owner.

5. The Board shall hold a hearing under this section not later than the 30th day after the date the Board receives the owners request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing. Only one hearing is required under this subsection.

6. During a hearing, the Board or the designated representative of the Association and the owner or the owner's designated representative will each be provided the opportunity to discuss, verify facts, and resolve the denial of the owner's application or request for the construction of improvements, and the changes, if any, requested by the architectural review authority in the Denial Notice.

7. The Board or the owner may request a postponement. If requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties.

8. The Association or the owner may make an audio recording of the meeting.

9. The Board may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the Association's dedicatory instruments.

10. In the event of any conflict between 209.00505 of the Texas Property Code and any restrictions contained in any dedicatory instrument of the Association, 209.00505 of the Texas Property Code and these procedures control.

IT IS FURTHER RESOLVED that these Architectural Review Authority Procedures are effective upon adoption and recordation hereof, to remain in force and effect until revoked, modified or amended.

This is to certify that the foregoing guideline adopted by the Board of Directors at a meeting of same on 9/14/2021 and have not been modified, rescinded or revoked.

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VIOLATION HEARING PROCEDURES

WHEREAS, Section 209.007 of the Texas Property Code establishes certain requirements for hearings before an association's board of directors involving violations of the association's dedicatory instruments; and

WHEREAS. in order to comply with Section 209.007 of the Texas Property Code, the Edgewater at Cedar Creek Lake Homeowner's Association. Inc. (the "Association") desires to adopt procedures regarding violation hearings.

NOW, THEREFORE, IT IS RESOLVED, in order to comply with changes to Section 209.007 of the Texas Property Code, the Association hereby adopts the following policies and procedures regarding Section 209.007 hearings before the board of directors regarding violations.

1. Pursuant to Section 209.007(d) of the Texas Property Code, the notice and hearing provisions of Sections 209.006 and 209.007 of the Texas Property Code do not apply if the Association files a suit seeking a temporary restraining order or temporary injunctive relief or files a suit that includes foreclosure as a cause of action. Additionally, the notice and hearing provisions of Sections 209.006 and 209.007 do not apply to a temporary suspension of a person's right to use common areas if the temporary suspension is the result of a violation that occurred in a common area and involved a significant and immediate risk of harm to others in the subdivision.

2. Except as provided by Section 209.007(d), and only if the owner is entitled to an opportunity to cure the violation, the owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue before the Board.

3. Not later than 10 days before the Association holds a hearing under this section, the Association shall provide to an owner a packet containing all documents, photographs, and communications relating to the matter the Association intends to introduce at the hearing.

4. If the Association does not provide a packet within the period described by Paragraph (2) above, the owner is entitled to an automatic 15-day postponement of the hearing.

5. During a hearing, a member of the Board or the Association's designated representative shall first present the Association's case against the owner. An owner or the owner's designated representative is entitled to present the owner's information and issues relevant to the appeal or dispute.

6. In the event of any conflict between Section 209.007 of the Texas Property Code and any restrictions contained in any dedicatory instrument of the Association. Section 209.007 and these procedures control.

IT IS FURTHER RESOLVED that these Violation Hearing Procedures are effective upon adoption and recordation hereof, to remain in force and effect until revoked. modified or amended.