Page 1

650

#v

ITESTRICT].O}'IS

}IOLLY,LA}iU }V\I.ICII

f.tt5ii5 TIID STATE OT

TEXAS

COUN'I'Y OI1

WOOD

X

I

KNOI{ ALL I\IIIN BY TIIDSI' PRESENTS:

I

That, IIOLLY LAI(E DI'VELOPI'IENT COi'lPANy, a Texas gcDe::al

partnership (referred to herein as t'Developert') rrj.th offices

and

prj.ncipal.place of business at 5115 Mcl(inney Avcnue, Dallas, Dallas Courrty, Texas, acting herein .by a.ra through its duiy authorizerl partner, C. Jack lrlilson, is the owner of all thnt cerLain real properLy situated in Wood County, Tgxas, knor.rn as Fart I! Section V of HoJ.Iy Lake Ranch (being sotnet:'-mes referred

/:? 7 z-& F/o,

to herein as the "Subdivision")r accorcling to thc plat of saicl Part Il,Section V of Holl-y Lake Ranch filed for record j.n the of the County Cl.erk,f of Wood CottnLy. .Texas on _Y3.!ljj_, 1972, Ln Volume ":* ., nage 'tjj- , of the PIat Records of the County Clerk, to wirich plat and the record thcreof reference is of f ice

and part-icuLar clescription of saicl ::ea1

hereby made for full prol:e r{:y

he parties hereLo dcsire to create an<l carry out

a

uniform plan for the improvenrcntr'devclo1>n.ent and sale of all of the lots in the Subdivision, for the bonefit.of {:he prescnt and future owners of said lots,

and for the protection of pro-

peri:y values in the Subclivision; and, to that purpose, saicl parties hereby adopt, establish and inrpose the following ciecJ-arations, reservations

r"

protective covenanLs, lirnitations,

concli-

I

tions and easements to apply uniformly to the use, improvemcnt, occuparlcy and conveyance of all lots in the Subdi',rision; and

I

each conLr:act or died which may be hereafLcr e>lecrrLed rviLh

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'l

rcgard to any of the l"ots in thc Subditrision shall conchlsively be held to have been executed, deli.ver:ccl and accepted subjcct to the following (rcgardless of whcLhc.r or noL Lhe samc arc seL ouL in full

or by refcrence in said contrabt or deecl):

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RIISTRICTIOI\S

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PA9O 1

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499


. 6sa ;aa

500 SUI]DIVISION R]]STRICTIONS

1. USE. No lot shaLl be usecl for other than residential purposes, and no soil or trees shall be removed for any .commercial use. cutting of trees shall be limited to the extent necessary for clearing the foundation site for: constructioni any

additional cutting of trees shalt be done only.upon the written approval of the Developer. No commercial activity

shall be

.permitted on any lot" .

2.

LOT

ARDA. No l-ot may be resubdivicled; proriided,

however, that individual owners and thereafter

lots may be divided between abutLing

each owner's resulting

ove.rsize lot shall-

be considered as one lot.

Nothing hercin contairied shall prohibit the construction of a singl-e residence on two (2) lots, in which casc both such lots shall be con'sidered as one (1) lot for

building purposes 3.

ARCFIITECTURIL CONTROL COMI{ITTEE.

An Architectural

ConLroI Committee' ("Committee") sha1l be appointed, from time

to time, by Developer, whose purpose it shall be to review plans, to insure for all owners harniony of location, and harmony of external and sLructural design and quality with existing structures. The Committee shal-l have the right to designate a representative to act for it in all matters arising hereunder. Until such time as the Committee has been'constituted and appointed, Developer, or its nominee or representat,ive, shalL carry ouL aIl functions of the Committce relating to thesc: restrictj-ons. After Developer has sotcl seventy-fir,'e (75%) .per cenL of aLl IoLs in the Subdivision ancl 75?/. of aII lots ancl tracts in a1I other Subclivisions of IloIIy Lake Ranch hcreaftcr developed, or sooner at the sole cl-ection of Devel.ope::, thc nrembcrs of tl-re Committee shatl be sclected by t)'re IIoIly Lakc Ranch Association (,,Association,') . 4. STRUC'T'URJiS (a) No r:esidence shall bc constructccl or permitUed . to remain on any 1ot in the Su'l:clivision unless such

RLISTRICTIONS

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6â&#x201A;Źa

'" â&#x201A;Źa/ ' rcsidence shalt have a minirnum of 1,200 square feet of living area. (b) No improvements sha1l be placed on any lot until

the building plans, specifications

and plot plans

showing the location of such improvemenLs on the lot have been approved in writing by tha CommiLtee

Likewise, the al.tcration of any existing improvenrents which materially affects or changes the exterior

design thereof tnay not be made until the plans for such al.Lerations have been approvccl in writing by the Conunittee. fn the event the Commit,tee disapproves of any strch p1ans, specifications and,/or plot,ptun= ,

.

notice of such disapproval shaLl be deliverec'l in person or by registered or certifiufi''l.ttur adclressed to the party submitting the same at an address which must be supplied with the submission. fn passing upon alL of such plans, specif icition" and,/or..p1ot plans, the Committee may take into consideration, among other

things, the suitability

of any such proposecl builcling or structure or the alteration thcreof ancl the materiaLs of which it is to be constructed to th,e lot or tract upon which it

is to be constructed, and the effect

thereof upon adjacent, neighboring or other Lots or tracts.

Ahy such notice shalL set forth. the elements

disapproved and the reason or reasons therefor, but

not cgntain suggestions as to methods of curj.ng any matters or things disapprovecl, The juclgment of neecl

the Committee in this respect in the exercise of its sole and absolute discretion shaIl be final and conclusive. If saj.cl Committee fails to approve or clisapprove saicl p1ans, specifieations and,/or plot pJ.ans within thirty (30) <lays afLer the samc havc bccn submittecl .Lo it, it will be prcsunred that the same lravc been approvccl RESTRICTIONS

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501

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Thcse requiremenaFq& approva] by the committee

hcrein set out cover not only the residences to

65a as .{d2,

be

constructed .in the Sr.rbdivision, but aII piers and other structures built in the rtater x-ls wclL as on the land , and al-so apply to any retaining walls and. any significant moving of soil- in or out of the water. (c) . AII strttctures rvhich extend into thc water shall mect the foJ-Iowing requirements: (1) Permission for any such structu4e must . 'first be obtained frbm tjr" committee, and the construction of such structure s-hall be in accordance with the description of sam!.as set forth in the Committee's written approval. The commiUtee shall not approve, more than one pier per lot. except under circumstanccs

deerned,

to be exceptional

by the Conunittee. Such structures shaIl not Note>:tencl into the water more ttran 25 feet. wj,thstancling the foregoing, an exception may be made

by thc committee in cascs where such

an

exception is necessary because of shall-ow water or other unusual circumstances, approval of sttch exceptiotr to be given in writing to the owne:r of the lot affected (2) No part of such structurcs shal-l be. closer to any projocterl sicle property Iot li-ne ten (I0J feet (3) No such structures shall extcnd more than twenLy-five (25) feet paraIleI to the water's

than..

edge.

(d) No part of any building shall be }ocated any lot nea):er to any street tlran the set-back Line as indicatcd on the PIat. No part of any building

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RnSTIIICTIONS

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otr

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f


4.â&#x201A;Źa

5at

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.shal1 bc locatcd ncarcr than l-cr.r (lO) feet to any interior:lot.linc, except thjt in the event of comnron ownership of mor:e than one (1) l-ot ancl the constructiolr of one (1) building on more than one (1) lot, the combincd area orvned shal1 be considered as one (1) Iot for this purpole, The builcling s.eL*back lines be relaxed by decision of the Cornmittee, if the above described distances are not feasiblc, considering the terrain and,/or dimensions of the 1ot.

may

(e) No sl-ructure shalL be occupied or used for residential or storage purposes (other than for the storage of builcling materials to be used in the constructio' and compretion thereof) untir the exteri.or. I

thereof sha1l have been fuIly completed in accordancc with the approved plans and .specificalions. (f)

Each resido.r".,

once conmenced, must be

completed within six (6). months from the clate of

thereof.

If any sueh residence is not compreted within six- (6) montl:s after the craLe on which such residence is commencecr, the owlrer of same l.rereby commencement

gives the Committee, or it,s representative or agent, the right and authority to enter upon the proFerty upon which such structure is situatecl, and to disassemble such structure and store the building materials on the premises or elsewhere at the ciiscretion of

the Committee. The owner or occupant of any such lot. agrees, by the purchase or oceupancy thereof, that the Cornmittee shall not be liabl.e in trespass or otherwj.se in entefing upon said lot ancl disassembling any such structut:e.

(S) No trailer, mobil.c homc, tcnt, shack, carope1l , or structurc of a temporary char:acter slraIl, at any time, cver be used as a permanent or temporary res idcncc

RESTRICTIONS

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.503


tr

504

t . . '

on any }ot, or movccl onto or permitted to remain on any IoL, except cluring construction of permanent structures. No camping shall be permitted witirin the

subdivision without the written Permission of the Developcr, it being intencled that Developer shaLl permit Iimitecl camping on'certain restricted areas within the 'Subdivisi.on. i

.

(h) No fence shal-I be erected without the approval in writing of the Committee 5. SIGNS" No ,For SaIe" "sign or "For Rent" sign, or

any other advertis.ing structures, may be displayed in the subdivision without the prior written approval of Delreloper. 6. NUISANCES. No noxious or offensive activity shall .

be carried on or nraintained on ar.,v lot in the subdivisj-on, nor shall anything be done or pâ&#x201A;Źrmittecl to bc done thereon which may be or become a nuisance in the neighborhood. 7 . FTREARMS. The use or disclrarge of firearms in the Subclivision is expressly prohibited except in areas that be designated for such purposes by the Developer. B.

GARBAGE AND TRASH

may

DISPOSAL. NO IOI ShAII bC

USCd

or maintaincd as a dumping ground for garbage" frash, garbage or other rubbish shall- be kept only in sightly, sanitary contaj.ners. Each tot owner shal1 be respotrsible for disposing of alL of his

trash, garbage and.rubbish, and the burning of Subdivision is expressly prohibited

same

within the

If opcri carports are used, no unsig)rtly storage and,/or unsighLly vehicles shall be permittcd therein. I0. ANII'ALS. No horses , cows, ponltry, or livestock 9.

UNSIGHITLY STORAGtr.

of any kind (other than house pets) nray be ke1:L on any lot in the Subclivi.siorr withont the rvritten consent of the Devclopcr, it bcing thc Dcveloper's intcn'Lion to 1:ermit horses and ponies to bc kcpt .upoll lots for rccreaLional purposes ancl as pcLs

RIISTRICTIONS

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(as

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1/'=:a-

contrastecl to comnrcrcizrl or taltot PurPoses), so for'tg u" arto n.*#f of such animals proposed to be )icpt upon a lot is rcasonable 'under the circumstances. Any such animaf wtriln is aLlowed to be kept upon a lot shall be removed prorq>tly ther:cupon upon the written direc{:ion of the 11.

DeveJ"oper

OFI"-STREET PARi<ING.

occupancy of a dwelLing on any lot,

appropriate space for off-street

Both prior to and after the

the orvner shaII provide

parking for his vclricles and./or

boats

:r2.

WDEDS AND TRASII

. The ovrner of each l.ot or tract

shall keep the same clean and free of trash and such wceds as will be in keeping rvith the other property and tle conrrnunity at any particular

tinre. Upon faiJ-ure to do thj.s, Developer or the Association may have the lot cleanecl and the cost or .expense thereof shall be payable oh dcmand by the owner to Developer. or ure Association, as the case may,be. 13.

SEI,IERAGE. No

buil6lj"ng or st-ructure shall be

occupied as a residence unless aII plumbing fixtures,

dishvrasher:s

and toilets

are connected to an aclequate so\rerage clisposal system. No outhouses shall be permitted on any part of the property; aII lavatories,

toil-ets and bath facilities shalL be instarlecl indoors and shall be connected with adequate grease traps, septic tanks, and laterar lines constructed to comply with thc spccifications

of State and local irealth authorities, and no ',outside" or surface toilets shalr be perrnittccl under any circr,rmstances.

No

septic tank raterar lines shall be consi:ructecl wiilrin twenty-five (25) feet of any J-akes or ponds; minimum requj-rements for the construction of septic tanks and ratcral tines are two hunclred . (20O) fect of onc foot by four inch (I'x 4") tile pipc lai<l J.n the center of one foot of rvash gravel cover:ccl with tar paper in a trenclr trvel"ve inches wido by twenty-four inclres (r2', x 24,,) deep. Nothing herein co'tainccl to the contrary shar-r prcve*t the instarl-ation and op,lration of s.rnitary sewer facilities RESTRICTIONS

by

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506 r-l

a rrater district or other govcrnmental authority i.n saicl subdivision UTILITY,IIASEI'IDNTS. An eascnlent is expressly

14.

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reserved in, on, ovex, under and through,those Portions of the loLs as shown on the recordeo Plat for the purpose of installing, repairing and maintaining el.ectric power, waterr. sewerager gdsr and scrvices. There, ' facilitics telephone and similar utility I

.is also reserved and dedicated hereby for the use of the Developer and any public or private utiliLy company an unolstructed aerial easement five (5) feet wi.de flonr a plane twenty (20) feet above the ground upward, locaLed adjacent to and above all

dedicated utility

easements as shown on the *up op pla{: of the

Subclivision. The easements reserved and declicated under the terms and provisions hereof and under the terms and provisions of the Subdivision plat shali be for the gene::al.benefiL of the Subdivision as herein define:d and any other land or,rned or acquirbd 'by Developer in the vicinitl'thereof, and shall also inure to the benefit and ntay be used by any public o:: private utility company entering into and upon said property for the purPoses aforesaid, without the neces;sity of any fur{:her granL of such easement rights to such ut.ilily companies. fences, wal1s and shrubbery hedges shall be pt:rmitted on any snch easements except

those eascmcnts being .,"".1 fot underground electric and,/or telephone systems, provided: (i) Lhat such fences, walls and' in any way with the use of such easements by an1, pr.rbli.c or private utj-tit-ies thcn utiliziug or thereafter designed to utilizc Lhe same, (ii) that the right of the owners

hedges do not interiere

of such fcnces, walls and hcclges shall ert aJ-l titnes bc and rcmain subordinatc ancl infcl:j.or in every way Lo Lhc righL of public and private ut,iliLies;

and (iii)

that sucl: public or

at any tirne may' withouL liabilil-y of any kind t.o the o\{ner or or^tners thereof, rcmovc any such fcnce, waII or

private utilitics

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RESTRTCTIONS

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6sa

irl

5aZ

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hcdgc whcra the removal of the same is incidcntal to or necessary for thc performatrce of public or private utility

operations.

No buildings or strucLtrres of any character may

erected or aJ-Iowed t,o remain on any util.ity easencnt. 15, ASSOCTATION MEMBERSIIIP. Each purchaser of a tract or lot in the Subdivision nrust be a menrber of the Association. 16. OfL, cAS AND MINEFnL DAVELOPMDNT. No oi1 or gas clrilling,

oiI or gas development operations, oil or g:as refining treatmcnt, quarrying or mining operations of any kind,py lot ,or owlrcrs shall be permitted upon on iri.r,y, p.rt of the lands included in the Subdivision. 1?. DRAINAGE STRUCTURES. Drainage st{uctures uncler . privatedrivewayssha1Ia1wayshaveanetdrainageopeningarea size to perrnit, the free flow of \^rater without

of sufficient backwater

18.

ASSOCfATION I{H'4BERSHIP.' Upon

u."uptance of

application for membership in Holly Lake Ranch Association

an ancl

the simultaneous execution of a sales contract or the acceptance of a Deed, each ov/ner shall become a member of Hol1y Lake Ranch Association, a corporate enterprise operated by DeveJ.oper, its successors or assigns , for the purpose of provicling the

members

with clubhouse and private recreation faciliti'es in the area, and to establ-ish and maj-ntain parks, lanes, lakes, and provide for the comnon benefit of lot owneis. Said membership shall be conditioned upon observar-rce. of the rulcs and reg.uJ.ations estabLisjred by said Association.for the benefit and general welfare of its members and

for the official

operation thereof.

Said membership

shalL also be conditioned upon payment, when due, of such clucs,' fecs, ancl maintenance charges as the Associatj.on shall f i.nd necessa::y for the maintenance of thc Association facil-ities ancl services, incJ-uding but noL limited to the main{:enance of lanes, roads, parks, club houso and lakes and any other services and bcnefits which

,:,

RESTRICTIONS

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6â&#x201A;Ź4

saicl Associirtion nray provide for tlre benefiL of thc Iol-s, Asso "A*& and mctrbers.. facilities Accorcling)-y, each l.ot in the Subclivj.sion, from and 'after the sale thereof by Developer, is.hereby subjected to an annual fee ancl maintenance cl:arge of $J-0-O0 per month per lot, for the purpose of creatj.ng a fund to be knorvn.as the I'Ilolly lake Ranch Maintenance Fund" to be paid by Lhe orvner, the sane

:

.'

to be secured by the vendor's lien upon saicl lot, said maintenance charge to be payatrle rnonthly in aclvance as directed by the Developer. or the Association, as thb case may be- At such time as Devel-oper has transferred the title of 75% of the LoLs in the Subdivision ancl future subdivisions of llolly Lak'e Ranch, or soollcr if notice to such effecl is given by Developer to the Associalion, the responsibiliLy for the collection and disbursement of such maintenance fund'may be delcgated to .the Association. The fee and maintenance charge may be increased from year to year

uptoanincreascnottoexceec1Lo%oft1remaintenancecharge for the previous year" The Developer nay waive, either temporarily or permanently, the fee and maintenance chargc against an\' lot if the orvner has purchased another lot v;ithin the Subdivision which is subject to such charges. It is understood that the judgment of the Developer (or the Associatiorl, as the case may be) in the expenditure of .said fund shall be final so long as suc)r judgment is exercised in good faith. By the acceptance.and retention of title to any l-ot, each 1o1'. owner, his hej-rs or assigns (rcAardless of whether a mcmber of tire Ass.ociation, notrvithstandirry the requiremcnt of membership in the Association, its successors and assi.gns, as a corrdition to Lhe accluisition of title to any l.ot), agrees the Developer shall have a lien upon tl:e subjec! loL or tract to secure paynrent of thc aforenentioned dues, fecs and nraintenallce charges. Any and al-1 such liens secu::ing said

clucs, fees and nraintenancc charges ar:e hereby declarecl to be

RESTII:tcI'roNs

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expressly suborditraLe and inferior: to any voJ.unLary 1j.cn, including any rencvjal and,/or extension thereof , createcl on

atry

lot in thc Subdivision by an ownel- thereof for: the purpose of obtaining a construction or perma:tcnt lcfan or both such l-oans for the purpose of improving such lot. Said subordination of liens shall continue and be in futl

force ancl e.ffect for so long

as such construction or pernanent l-oan is outstanclj.ng. 19. PUMPING WATER FROM LAliuS PROI{IBITIID. The pumping of water from lakes or ponds is prohibitecl except by ,gpecial. .any

permit, in writing, 20.

grantecl by the Dcveloper.

WELLS. No rvater well shall be dritlecl by the or.rner or owners thereof =o io.rg as water fo::'.domestic uses WATER

shail otherwise be available to the owre::s of rots. but nothing herein contained shall be cons'Liped as prohibiting the Developer, its successors, assigns and noninees, from drill,ing a well on any property located in or near ilre subclivision for the purpose of supplying water to the own.ri of any property in said Subdivision or in any future subdivision of Horly Lakc Ranch, provided, however, that until water is avaiLabLe to the owner of a Lot, the Developer will grant written permits, upon proper application, for the drii-l-ing of temporary werls and for the temporary operation thereof, until lvater for dbmestic uses shal.L become avail-able to saicl ol,/ner 2L. RESTRICTIONS ON SALIS, ETC. No sale, transfer, rease or other disposition of any l-ot in the subclivision sharr be consummated unless and until- the purchaser or transferee has applied for and has been accepted as a member of the Horly Lake Association, its successors or assigns. Tliis restrj.cLion slrarr not appl"y, however, to rerrcling institutions rvho roay bid saicl Ranch

propert'y in aL any forecro3ure sare broughL by urem without regard to such nrembc::ship restriction, nor sharr it appry with respect to a transfer of suc)r property pu::suant to a cluly

RRSTRICTIONS

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5to

d5a g/a

probatecl wilL or by virLue of intcstacy under thc statutes of

t

22. DIfi/ELOPIIR'S SALDS ACTIVITIDS " Notwithstanding : , anything to the contrary contained herein, the Developer, its successors and assigns, reserves for itself and its designated agerit or agents the right to use any unsold loL,for a temporary office location and.the'right to Pl-ace a sign or signs on any unsold lot in the subject Subdivision. 23. BOATING RESTRICTIONS. No outboard or inboa.rd motors larger than ten (10) horsepowbr may be used on any lakes or ponds, and no water skiing will be permitt.ed on any Lakes or ponds COVENANTS RUM{I,NG

iVITII THE I,AND. AIl Of thc TCSITiC-

tions, covenant" und conditions herein provided for atrd adopted ilaff apply to each and every lot in the Subdivision, and shall bc covenants running with the land.

Developer, its successors

and assi.gns, shall have the right, to enforce observance and performance of the restrictions

and covenants contaj.ned

and

provided for herein, and in order to prevent a breach or to enforce the observance or performance of same, shall have the right, in addition to aIJ. legal renredies elsewhere provided herein,' to an injunction either prohibitive or manclbtory. The owner of any lot in the Subdivision affected shalI likewise have the 'right either to prevent a breach of any such restrictions or covcnants or to enforce the performance thereof.

25" PAI\TIAI, INVALIDLTY" Invaliclation of any of these covenants, restrictions or conditions by court judgment or otherwise, shall not aff ect, in any way, t)re val-idity of any of Lhe othar'covonants, restrictions or conditions, a11 of which sl'raI1 remain in full

sha1l noL be

force and effect.' cleenrecl

Acguiescence in any violation

a waiver of the riglrt to enJlorce against the

viola{:or or others the conc'litions so viol-atecl or any othcr con<litions; and Dcvelopcr slralt have the ri.ght to cntcr thc

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RIISI'RICI'IONS

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the State of Tcxas.

24.

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1:roper:l-y


rl

, oll

the violator

Lhe same

1+â&#x201A;Ź(

\.r

and correct the violaLion,

â&#x201A;Ź// or to requir:e that,

be corrected. 26.

DURATTOTI

OF RESTRTCTIONS.

(a) l'he restrictions and, covenants herein . provided for . nd adopted, shal1 remain in full force ' and effect untrl Doccmber 31, 1990, s.ubject to modification

or amendment as hereinafter providecl

(b) At the encl of the term provided in (a)

imme-

diatei-y above, and at the end of each ten (10) ,y.ear extension hercin provicled'fo:1, these restrictions shall be automatically extended and renewed for succecding periods of ten (I0) years each, unlessr wilhj"n six (6) months pr,ior to the date such restrictions

and covenants.

would otherwise be automatically extended, an instrument shall have been signed by the.then owners of a majority. of the then existing lots in thc Subciivision, each

..

such

lot entitling

its owner to one (1) vote, and shal.t have been recorded in the Office of ilre County Clerk of Woocl , countyr Texas, ugrueiig; 'to change said r'estrictions

:

and covenants in whoLe or in part. (c) Any or all of the restrictions,

covenants

ancl conditions herein contained may be repealecl,

or modified at any time by the 1ot c,h/ners in the Subdivision, l-ot ent,itJ-ing its owner to onc (I) amendment .or modification sharr be amended

' .

ment in writing

a majori{:y vote of each.then existing vote.

Such rcpeal,

ef fecLed

by an..instru,

executed by sucl.i rnajority of said 1ot

owners, and filed

,

for recorcl in the Office of the county' C1erk of Wood Courrty, Texas.

27. HEADINGS. ALl_ sections and paragraph heaclings uscd herein are for convenierrce onry a.c1 sharr have no effi.cacy J-n corrstruing any of {:he restrictions, covcllants or condiLions .

hor:cin corrtaincd

RDSTIIICTIONS

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5L2 28.

6sa i7.2

nay, by appropriate instrument, assign or convel/ to any person, organization or corporation, any or all of the rights, rescrvations, easements RIGIIT TO ASS:tcN. The Developer

privileges herein reserved unLo the leveloper, and upon such assignmenL or conveyance being made, its assigns or gratrLees may, at their option exercise, t::ansfer or assign such rights, reservations, easements and privileges or any one or more of them at any time or times in the same \{ay and manner as those clirectly reserved by them or: it in this instrument 29. .IOINDER OF LTEN}iOLDER. The undersigned lienholder joins in the execution hereof solely as a l-ienholcler for the purpose of subordinatinq its liens to these iestrictions, and

reservations, covenants and conditions wiLh the understnadirg, however, that:

'

(a) Except tcj ttre extent, of suborclinating its liens to the restrictions, reservations, covenant.s and conclitions he:rein providecl for, such liens are continued in fuIl force and effect as first and prior liens upon the property described in the security instruments given t.o secure the indebLedness norv or hereafter held by the lienholder; and (b) Said subordina{:ion except,s from the operation thereof any charge, fee or lien created in this strument which under any theory or circumstance can be prior or equal to the liens held by the lienholcler. IN

these ptresents have been executed in counterparts, each executed counterpart to have the full force and effect of an original, this $e >qpLt'day of 'W.O^.^t :-g7Z. I{ITNESS WIIERBOF,

HOLLY LAKN D)vrJ.oPil

LTENIIOLDtrR:

RNPUBLIC

NA

I( OF

By

IU]STRT.CIIONS

- Paqe 14

DALIJAS

'


4go

-38

TIIE STATE oF TEXAS

)

COUNTY

)

OF DALLAS

BEFORI: I{E, the undersigncd, a Notary public in and for said County and State, on this day personally appeared C. .IACK WILSON, a General Partner of th.e partnership firm of HOLLY LAKE DEVELOPMINT COTUI]ANY, knoln to me to be thc person whose name is subscribed to the foregoing instrument, and acknowJ.edged to me that he executed the same as the act of HOLLY LAKE DEVELOPI'IENT COMPANY, a co-partnershipr for the purposes and consideratj.on therein expressed and in the capacity thercin stated.

IqY rnND AND SE^I, On OFFICE

, r972

NOtary

this the J7

LA)ru*.,nan

Dallas County r Texas

iiri'r'; i u:'iic t-i):r:'::i i li;: : i'\':li' ( ii'': r'i ir rlrl I 'r l) 'tl:r\ r'lltrt " it,,,,' l;na t' ttl

L

TTiE STATE OF COUNTY

TEXAS

OF DALLAS

^,i.;;l,i'"',,

) )

BEFORE MB, the undersLgned, a Notary Public in and for said County and ,SfEte, dav personal.ly appeared \ /- on thisknorvrr to me to be the persffi-Eid-Eficer - lZ rz-</ \>;*-..'t+1 ,the foregoing insLrument and acknorvledged to me that the same \ras the a6t oi the said RBPUBLIC NATIONAL BANK OF DALLAST a corporation, and that he exocuted the sarne as the act of such corporation for the purposes and considerat.ion therej.n expressed, and in the. capacity therein stated.

v

day of

,

1IAND AND

Ig72

SEAI oF oFFIcE

!!.i;i.;i

l'rLED FOR RECORD .rw, RECORDED THTS

"1

/4oW DAY

ty

513

this the ,Af Zl

Section 5 part 2 restrictions  
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